A condominium owner owns a share of the land beneath the development
A worked RES examination question on land share and common property, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
An HDB flat owner and a condominium owner who are friends fall to comparing what each of them owns beyond his own front door — the corridors, the grounds, the land beneath the block. The flat owner believes that he owns a share of all of these, just as the condominium owner does, so that the two of them stand in the same position as regards the common parts of their respective developments. The condominium owner is not so sure, and they have asked an agent to settle which of them is right.
Which statement is correct?
The answer, and why
Answer: D
The rule. A condominium owner owns a share of the land beneath the development. An HDB flat owner owns the flat's airspace for the term and no share of the land or common areas.
Why D is correct. The condominium owner owns a land share; the flat owner owns his airspace alone.
The other options.
- A gives both a land share.
- C reverses the two and gives the condominium's land to the developer.
- B denies both any land share.
Exam note. Step out of the HDB flat and you own nothing beyond the door. Step out of the condominium unit and you still own a share of the ground.
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