Owning land does not free the owner to do as he likes
A worked RES examination question on meaning and extent of land, 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 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.
- (i) Owning the land carries the right to do all of these without any approval.
- (ii) Extracting and selling sand is controlled under the sand and granite legislation.
- (iii) The use to which he may put the land is governed by the zoning guidelines.
- (iv) The height to which he may build is restricted under the planning legislation.
The answer, and why
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.
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