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Paper 1 · Lesson 2 — Land, Title Types, Capacity, Powers of Attorney and Fixtures

Meaning and extent of land

Corporeal vs incorporeal land, airspace and subsoil limits, in-rem title actions, real vs personal property, and land-use controls (tree conservation, sand, zoning, height).

2 questionsAnswers & explanations includedFree — no sign-up

Question 1

An agent is explaining to a buyer that land in law is made up of two kinds of thing: those that can be seen and touched, and those that cannot but are still part of the land. To test whether the buyer has followed him, he offers two examples and asks the buyer to place each in the right category. The first is the building that stands on the plot. The second is a right of way that runs across the plot for the benefit of a neighbour, which cannot be seen or handled but travels with the land nonetheless.

Which statement is correct?

  1. A. Both the building and the right of way are corporeal parts of the land.
  2. B. The right of way is corporeal; the building is an incorporeal part of the land.
  3. C. The building is corporeal; the right of way is an incorporeal part of the land.
  4. D. Neither is part of the land, one being a structure and the other a mere right.
Show the answer and full explanation

Answer: C

The rule. Corporeal parts of land are the tangible ones — buildings, trees, soil. Incorporeal parts are the intangible ones that are still part of the land — airspace, subterranean space, and easements such as a right of way.

Why C is correct. The building is corporeal; the right of way is incorporeal.

The other options.

  • A makes the right of way corporeal.
  • B reverses the two.
  • D denies that either is part of the land, when both are.

Exam note. Both are "part of the land". The split is tangible against intangible, not part-of-land against not.

Corporeal parts of land are the tangible ones →

Question 2

An owner of a landed plot has come to his agent full of plans and a firm belief that, because he holds the title to the land, he may do on it whatever he pleases. He intends to build upward to whatever height suits him, to dig out and sell the sand that lies beneath the surface, and to put the land to any use he can find a buyer for. The agent has to explain, tactfully, that ownership of land in Singapore is hedged about with controls, and that each of the things the owner has in mind is regulated under one statute or set of guidelines or another, so that none of them is simply his to do at will.

Consider the following statements.

  1. (i) Owning the land carries the right to do all of these without any approval.
  2. (ii) Extracting and selling sand is controlled under the sand and granite legislation.
  3. (iii) The use to which he may put the land is governed by the zoning guidelines.
  4. (iv) The height to which he may build is restricted under the planning legislation.
  1. A. (ii), (iii) and (iv) only
  2. B. (i), (iii) and (iv)
  3. C. (ii) and (iii) only
  4. D. (i), (ii), (iii) and (iv)
Show the answer and full explanation

Answer: A

The rule. Owning land does not free the owner to do as he likes. Building height is restricted under the planning legislation, extracting and selling sand under the sand-and-granite legislation, and the use of the land by the zoning guidelines.

Why A is correct. (ii), (iii) and (iv) each name a real control; (i) is the owner's mistaken belief that ownership carries an unqualified right.

The other options.

  • B and D carry the false (i).
  • C drops the true (iv).

Exam note. Each restriction has its own statute. The wrong answer is always the one that says ownership means doing anything you please.

Owning land does not free the owner to do as he likes →

Practise it under exam conditions

Single questions test whether you know a rule. The paper tests whether you can find it in a scenario, at speed, with three plausible alternatives in the way. Start with the free 20-question half-paper.

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