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RES Revision HuttonCU1

It is about mock questions of RES exam, for Spore real estate property agent to learn. The originate is by Lawrence

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0% found this document useful (0 votes)
71 views69 pages

RES Revision HuttonCU1

It is about mock questions of RES exam, for Spore real estate property agent to learn. The originate is by Lawrence

Uploaded by

xasia.connect
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Real Estate

Salesperson
Examination:
Paper 1 Revision
Prepare for your RES exam Paper 1 with this comprehensive revision guide.
We'll cover key concepts in real estate, from market dynamics to legal
frameworks, ensuring you're well-equipped for success.

Prepared by Maine Soh


DISCLAIMER
The contents of the presentation and materials use are solely for the purpose of RES
Revision class only. Circulation of this materials to other parties are strictly prohibited.
While the trainer has endeavored to ensure the information and materials contained herein
are accurate and up to date as of (22 Oct 2024), the trainer is not responsible for any error
or omission, or for the result obtained from their use or reliance placed on them. All
information is provided “as is” with no guarantee of completeness, and accuracy. In no
event that the trainer are liable to any party for any action taken in reliance of the
information. As such, participants are advisable not to rely solely on the revision note but
to read up as many sources as possible
About Me : Maine Soh
• Graduate with Degree in Real Estate
• In this industry for 15years
• Trainer in SEAA
• Lead IC for various projects such as Irwell Residences,
Canninghill Piers, Piccadilly Grand, Lakegarden
Residences, Jden and Sora and etc
RES Examination Format – For Both Papers
Section A Section B
60 Marks 40 Marks Duration: 2.5hrs per paper
60 MCQs 20 MCQs (9.30am to 12pm)
Individual Question 1 or 2 Case Study Passing Mark: 60%

Examination Syllabus
Paper 1 Paper 2
Competency Unit 1: Competency Unit 3:
Real Estate Agency Industry Overview & Basic Land Regulation of Real Estate Agency Industry & Real Estate
Law Concepts Marketing
Competency Unit 2: Competency Unit 4:
Dealings with Interests in Land Property Transaction
Contents:
Paper 1: Topic relating to Real Estate Law
Competency Unit 1: Real Estate Agency Industry Overview
and Basic Land Law Concept
Real Estate Market Overview
1.1 Real Estate Market and Submarkets
1.2 Real Estate Market Players and Government
Intervention
Basic Land Law Concept
1.3 Introduction
1.4 Land
1.5 Estate in Land
1.6 State Land Act
1.7 Rights in another’s Land
✓ Licence
✓ Easement
✓ Covenant
Real Estate
Market Overview
Introduction to Real Estate Market & Players
Real Estate Market : A market is defined as a place buyers and sellers Real Estate Players
meets in which commercial dealings are conducted

Developers /
Banks & Builders /
Stocks, REITS Valuers Construction
Land Companies

Estate Agents &


Special Salespersons
Investors /
Properties Residential Speculators

Property
Government Management
Agriculture Commercial
Companies

Home
Industrial Seekers &
End Users
Real Estate Market (Supply and Demand)

Price
Demand – Quantity of property desired by buyers,
Surplus Supply Curve investors or speculators
Law of Demand: The lower the price, the higher
quantity demand.
2,500psf Market Price
(Willing buyer / Willing Seller)

1,500psf
Supply – Quantity of property supplied by sellers,
Shortage Demand Curve developers or government
Law of Supply: The higher the price, the higher the
Qty (Units) quantity supply.
50 75 100
Definition: DEMAND IS ELASTIC – changes in Prices will impact
Real Estate Market (Supply and Demand) and change the demand

Price Factor affecting Demand (Macro)


• Expected future price due to Political and economic
Supply Curve stability Eg, interest rates, employment rate, GDP, inflation)
• Government policy (eg, Cooling measure like BSD, ABSD,
2,500psf HDB policies)
• Social (Eg, population growth, demographic shifts or
lifestyle needs
1,500psf • Income, employment and wage level – affect buyer’s
Demand Curve affordability to buy
Qty (Units)
50 75 100
Price Definition: SUPPLY IS INELASTIC – changes in Prices will not
impact and change the supply as supply (houses) takes time to
Supply Curve build from the time the land is bided

Factor affecting Supply (Macro)


2,500psf
• Political and economic stability
• Government policies (Vacant development sites such as
1,500psf
GLS, increasing plot ratio of land or change land use)
• Availability and cost of labour and construction material.
Demand Curve
• Number of developers
Qty (Units)
50 75 100
• Technology – eg use pre-fabricated modules to build faster
Real Estate Market (Supply and Demand)
Factor affecting Price of Real Estate (Micro):

Price • Location of Property – eg proximity to amenities such


as MRT, School, shopping malls or other recreation
Surplus Supply Curve facilities like golf club
• Tenure of property – Freehold / leasehold (999,99,60
2,500psf Market Price or 30 yr lease)
(Willing buyer / Willing Seller) • Age and condition of the property
• Frontage , size and shape of land
1,500psf
• Design, layout storey level and availability of view
Shortage Demand Curve

Qty (Units)
50 75 100
Characteristics of the Real Estate Market: Cyclical

Upswing Boom
• Increase transaction activities e.g. Upswing Boom Booms refers to the sudden
increase prices, volume, occupancy (Recovery) (Peak) rise in prices of real estate
rates within a short period in the
• It usually represents recovery of real estate cycle.
property market

Depression Downswing – Contraction


• slumping prices, low volumes and lack • Slow down of property transactions
Depression Downswing
of buyers (Recession) (Decline) • Production slows down, sales start
• It usually represents a prolonged to drop because of a decline in
period of low prices and activity demand

Example of Private Residential Property Index BOOM


(Peak)

DEPRESSION
(Recession)

UPSWING

DOWNSWING (Decline)
SINGAPORE REAL ESTATE CYCLE

Decline from 2014 - 2017

Expansion (Boom) at 2013

Recession in 2008 Recovery from 2009


(Lehman Brother Crisis) (Upswing)
REAL ESTATE PHYSICAL CHARACTERISTICS
1. Heterogeneous (Uniqueness)
➢ Every property is unique
➢ No two properties are the same

2. Immobile (Cannot be moved away)


➢ Land/house cannot be physically moved

3. Indestructible (Durability)
➢ Land cannot be destroyed

4. Indivisible
➢ Has to sold entirely (intact) unless manage to get
planning approval for strata subdivision*
REAL ESTATE ECONOMIC CHARACTERISTICS
✓ Residential
✓ Commercial
1. Illiquid ✓ Industrial
➢ Cannot convert into cash quickly ✓ Land
Singapore
Property
2. Long Transaction Time ✓ Cooling measures
➢ Takes about 3 – 4 months to complete

3. High Cost of Transaction


➢ Legal fees, agent fees and stamp duties Intervention Government

4. Good Hedge Against Inflation


➢ Real estate often appreciates more than inflation rate

5. Long Term Management Control ✓ Master Plan


➢ Needs cost for maintenance ✓ Land Use Planning
✓ Ownership of
➢ Refurbishment & Upgrading for old buildings
Land
✓ Development
6. Government Intervention
➢ Subject to all the town planning regulations and
guideline, anti speculation measures
Land Use Planning
Planning Act ➔ Land Use Planning
Land use planning ensures that there is sufficient land available to meet the needs of long-term population and
economic growth, balanced with a quality living environment.

POPULATION NEEDS: Conceptual plan outlines the strategies to provide the physical capacity to sustain a high
quality living environment for a possible population range from 6.5 to 6.9mil by 2030

SUSTAIN HIGH QUALITY LIVING ENVIRONMENT:


• Provide good affordable homes with full range of amenities
• Integrating greenery into the living environment
• Provide greater mobility with enhanced transport connectivity
• Sustaining a vibrant economy with good jobs
• Ensuring room for growth and good living environment for our future generation

More than 300 km of trails


Concept Plan (CP) – Long Term plan over 40 – 50 years
• Maps out long term (40 – 50 yrs) land use strategy for Singapore
• Reviewed every 10 years.
• Eg. High quality living for a population of 6.5 – 6.9 million by 2030

Master Plan – Statutory Plan – Latest MP in 2019


• Translate all vision of CP – ensure land catered to the needs of
housing, recreation, transportation and etc.
• It is a guide for 10 – 15 years. (Reviewed every 5 years)

Gross Plot Storey Height


Special & Detailed Control Plans Ratio Control
1. Park, Waterbodies and Public Spaces 1.4 5
2. Conservation Area and Monument
3. Urban Design Element 1.6 12
4. Connectivity 2.1 24
5. Landed Housing Area
2.8 36
6. Building Height
7. Underground >2.8 >36
Table: Standard GPR / Storey Height Typologies
Special Control ➔ Building Height Plan
𝐆𝐫𝐨𝐬𝐬 𝐅𝐥𝐨𝐨𝐫 𝐀𝐫𝐞𝐚
1. Gross Plot Ratio =
𝐋𝐚𝐧𝐝 𝐀𝐫𝐞𝐚
2. 𝐆𝐫𝐨𝐬𝐬 𝐅𝐥𝐨𝐨𝐫 𝐀𝐫𝐞𝐚 = Land Area x Gross Plot Ratio

GFA = total area of sheltered floor space (including the wall)


Net floor area (NFA) – Total livable space (not including the wall)

3. Residential developments in areas without special


height controls are subject to following guidelines:

Maximum No of Storeys
GPR
(Revised from 24 Apr 2000)

1.4 5

1.6 12
Basements
2.1 24 A basement storey refers to a storey of a building which may be partially or wholly
below the existing ground level. In so far as storey height control is concerned,
2.8 36 basement storeys that protrude more than 1.0m above ground level on any side
shall be counted as a storey.
More than 2.8 More than 36

From 24 April 2000: [Link]


Special Control ➔ Building Height Plan
3. Special Control Sites
Singapore Botanic Garden ➔ Residential Property GPR Guide Maximum No of
GPR
Storeys

1.4 4

1.6 10

2.1 20

2.8 30

More than 2.8 More than 30

[Link]
Special Control - Building Height Plan
4. Sites with Special Height Control
5. Other land uses without building
height controls, the permissible
height will be subject to evaluation
Top View – Condo Site
Zoning Interpretation: Residential Condominium

Artist’s Impression : Elta

1. Condominium Development Land must be at least


4,000 m²

2. Maximum 50% Site Coverage

3. Building Height
Subject to Master Plan
Building Height Plan

21
What is an Apartment ?
1
7

1. Apartment Development Land must be at least 1000 m2 to 3999 m2

2. Building Height 🡺Subject to Master Plan – Building Height Plan


Serviced Apartments (akin to Residential Use)
1. Self-contained apartments with kitchenettes/kitchens
2. Provide support services such as concierge, common dining areas, housekeeping and/or laundry
3. Rented out for a minimum period of 7 days or longer
4. Developed and/or managed under one ownership (Certificate of Title)
5. Strata subdivision of SAs is strictly not allowed
6. Bar/lounge facilities may be permitted subject to a maximum of 0.3% of the total residential GFA.

Service Apartment within a condominium development

[Link]
Apartments
23
Zoning Interpretation: Hotel
Notes:
1. Build – Hotel or Backpackers’ Hostel
2. Short Term Stay
3. Hotel rooms cannot be sold separately
4. Commercial shops may be sold separately
▪ Strata Title
URA Regulations

Zhongshan Park – Hotel + Office + Shops

60% GFA
24 Hotel Use

40% GFA
Maximum
Commercial Use
▪ shops & restaurants

Alexandra Central – Hotel + Strata Shops


Business Park & Business Park (White)

Business Park Business Park White

85% GFA 60% GFA


Business Park Business Park
Operation Operation
Use Use

Individual Unit Individual Unit


60/40 Rule 60/40 Rule
Apply Apply

40% GFA Maximum


15% GFA 1. Commercial
Maximum 2. Residential
Commercia 3. Hotel
l

25
Conservation Principles
Singapore’s architectural history is the story of
skilled craftsmen and architects who have
invested in quality places for work and play. Old
and new skills, past knowledge and current
technologies all combine to bring the past back to
productive life.

Quality restoration is more than just preserving a


facade or the external shell of a building. It retains
the inherent spirit and original ambience of
historic buildings. It requires an appreciation and
understanding of the architecture and structure
of historic buildings, good practice and
management.
The “3R” Principle
The fundamental principle of conservation applicable to all conserved buildings, irrespective of scale and complexity, is maximum Retention,
sensitive Restoration and careful Repair - the “3R”s. Selective replacement should be considered only when absolutely necessary. Total
reconstruction goes against accepted international conservation practices.

Key Conservation Areas


Historic Districts: Residential Historic Districts: Secondary Settlements Bungalow Areas
➢ Boat Quay ➢ Blair Plain ➢ Balestier ➢ Good Class Bungalow Areas & Fringe
➢ Chinatown ➢ Cairnhill ➢ Beach Road ➢ Mountbatten Road
➢ Kampong Glam ➢ Emerald Hill ➢ Geylang
➢ Little India ➢ Jalan Besar
➢ Joo Chiat
➢ Mount Sophia
➢ River Valley
➢ Tanjong Katong
➢ Upper Circular Road
The entire building is to be conserved. In view of the restriction in Conservation within Conservation of bungalows is on a highly selective
Change of use to commercial or building uses, an extension at the the Secondary Settlements is on basis. They represent the architectural styles of
residential use is permitted in these rear lower than the main roof is a streetscape basis as the different eras.
historic districts. The strictest form of permitted to make the terrace conserved buildings are adjacent For conserved bungalows located within a site
conservation is practised in these houses more attractive and to new developments. In these which is allowed for flat or condominium
districts. liveable to suit the needs of the areas, the owners may choose to development, the bungalow may be strata-
individual owners. conserve the entire building or subdivided into apartment units or converted to a
have a new rear extension up to clubhouse. The owner may choose to conserve the
the maximum height allowable entire building, including the outhouse, or just the
for the area. main building to suit his needs and to optimise the
use of land.
CU 1.1: REAL ESTATE MARKET AND SUBMARKET

TYPES OF PROPERTIES

Public RESIDENTIAL NON-RESIDENTIAL

HDB
Private Commercial Industrial Others
• Subject to HDB rules

Office Warehouse (Business 1)


Landed Non-Landed
Shop Factory (Business2)

GCB Detached Apartment Condominium


Hotel Business Park
• Land minimum 1,400sqm • Land minimum 400sqm • Land minimum 0.4ha or
• Site coverage >40% • Site coverage >50%
• Land minimum Shophouse
• Only 2 storeys excl basement • 1.000sqm 4,000sqm
Max 3 storey or as land
• Strata Bungalow allowed zoning • Site coverage 40% in 60 / 40% Rules for Industrial
covered car park
Strata
Foreigner cannot buy • Core Industrial Use (60%)
Semi Terrace shophouse zoned residential
Detached House
Landed • Ancillary Use (40%) –eg. Office /
House without approval storage
• Land minimum 200sqm • Land minimum 150 sqm (I) or
• Bungalow, SD, Terr,
• Site coverage >50% 80sqm (II)
Townhouse build in strata
• Max 3 storey or as land • Max 3 storey or as land
landed/cluster house
zoning zoning
developments
• Usually come with communal
Residential Property Act – RESTRICTED to NON SC facilities
Need LDAU Approval (if get approval) • Has a carpark lot (accessory
- SPR can buy land but no GCB lot)
- Foreigner may buy Sentosa only • Strata title
Residential Zoning ➔ Good Class Bungalow (GCB) Area
2 Storey Detached Houses¹
▪ Minimum plot size: 1,400 m2
▪ Maximum site coverage: 45%
¹ Including strata detached houses (bungalows)
Bungalow Area
1. 2 or 3 storey
2. Minimum plot size: 400 m2
3. Maximum Site Coverage: 50%
4. Plot Width: 10 metre

Semi-Detached Housing Area


1. 2 or 3 storey
2. Minimum plot size: 200 m2 each
3. Side to Side Semi-D Width: 8 metre
Back to Back Semi-D Width: 10 metre

Mixed Landed Housing Area (Terrace Housing)


Terrace Type Width
Party wall (2 or 3 Storey)
Size (Min)
(Min)

Type 1 (Intermediate) 150 m2 6m

Type 1 (Corner) 200 m2 8m

Type 2 (Intermediate) 80 m2 6m

Party wall Type 2 (Corner) 80 m2 8m


Landed Residential Properties

Property Types Plot Width (min) Plot Size Min Storey (Max) Site Coverage (Max)
Good Class Bungalow 18.5m 1400sqm 2 45%
Other Bungalow 10m 400sqm 3 50%
Side-to-side Semi-detached house 8m 200sqm 3
Back-to-back Semi-detached house 10m 200sqm 3
Terrace House Type 1 (intermediate) 6m 150sqm 3
Terrace House Type 1 (Corner) 8m 200sqm
Terrace House Type 2 (intermediate) 6m 80sqm 3
Terrace House Type 2 (Corner) 8m 80sqm 3
Redevelopment of Good Class Bungalow Plot:

B is an existing infill bungalow plot that is deficient in plot size (less


than 1,400sqm)
Allowed
B may redevelop into a good class bungalow subject to compliance
with good class bungalow guidelines.
Redevelopment of Good Class Bungalow Plot:

Not The amalgamated plot area is 4,100sqm. One of the new bungalow
Allowed plots is less than 1,400sqm after subdivision.
Redevelopment of Good Class Bungalow Plot:

• The proposed site area of each new bungalow plots A & B, is


1,400sqm. The site area of Plot C is less than 1,400sqm after vesting
of land for road widening. Such land subdivision may be allowed
provided that:
Allowed
not more than 1 newly created plot is deficient in plot size after
vesting of land; and
• the deviation from minimum plot size shall not be more than 10%.
Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

The left-behind Plot A is not large enough for a standard


Not
bungalow. House B shall not be allowed to break away and be
Allowed
redeveloped into a bungalow.
Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

Allowed B may redevelop into a semi-detached house and a bungalow.


Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

1. The left-behind Plot A may redevelop into a bungalow. House B may redevelop into a bungalow or a
pair of semi-detached houses (in a semi-detached area).

In a mixed landed area, House B may redevelop into a bungalow, a pair of semi-detached houses or 3
terrace houses.

Allowed Owner of House B shall comply with the following conditions:

Plaster and paint the exposed blank wall and neaten any exposed roof of the remaining house as soon
as the existing building(s) on the subject site is demolished;
2. Allow the owner of the adjacent house access to the subject site to maintain or repair the roof and
the exposed blank wall of the remaining house; and
3. Submit to BCA an engineer’s certification of the structural stability of the remaining house.
Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

B shall not be allowed to redevelop into a semi-detached house


and a bungalow because it would create a new blank wall at the
common boundary with A.
Not The left-behind Plot A may redevelop into a bungalow. B shall not
Allowed
be allowed to redevelop into a semi-detached house and a
bungalow because it would create a new blank wall at the
common boundary with A if A breaks away and redevelops into a
bungalow.
Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

Not B shall not be allowed to redevelop into 2 terrace houses because


Allowed A is a semi-detached house.
Redevelopment of Existing Semi-detached House to Bungalow or Semi- detached house

A joint redevelopment by both A and B into 4 terrace houses may


Allowed
be allowed.
Redevelopment of Existing Intermediate Terrace House to Bungalow or Semi- detached
house and Corner Terrace

1. The left-behind Plot D has sufficient plot size and plot width for a corner terrace house. House E
can redevelop into a bungalow or a pair of semi-detached house.

Owner of House E shall comply with the following conditions:

Allowed Plaster and paint the exposed blank wall and neaten any exposed roof of the remaining house as
soon as the existing building(s) on the subject site is demolished;
2. Allow the owner of the adjacent house access to the subject site to maintain or repair the roof
and the exposed blank wall of the remaining house; and
3. Submit to BCA an engineer’s certification of the structural stability of the remaining house.
House E may also redevelop into an intermediate terrace and corner terrace.
Redevelopment of Existing Intermediate Terrace House to Bungalow or Semi- detached
house and Corner Terrace
Redevelopment of Existing Intermediate Terrace House to Bungalow or Semi- detached
house and Corner Terrace
Landed Residential Properties
• After 3 April 2012, Non-citizens require government to (LDAU) approval to buy
restricted property.
Restricted No Restriction
✓ Vacant residential land; ✓ Condominium unit;
✓ Terrace house; ✓ Flat unit;
✓ Semi-detached house; ✓ Strata landed house in an approved condominium development;
✓ Bungalow/detached house; ✓ A leasehold estate in a landed residential property for a term not
✓ Strata landed house which is not within an approved exceeding 7 years, including any further term which may be
condominium development under the Planning Act (eg. granted by way of an option for renewal;
townhouse or cluster house); ✓ Shophouse (for commercial use);
✓ Landed residential property at Sentosa Cove; ✓ Industrial and commercial properties;
✓ Shophouse (for non-commercial use); ✓ Hotel (registered under the provisions of the Hotels Act); and
✓ Association premises; ✓ Executive condominium unit, HDB flat and HDB shophouse.
✓ Place of worship; (Subject to HDB eligibility guildeline
✓ Worker’s dormitory/serviced apartments/boarding house (not
registered under the provisions of the Hotels Act); and
✓ Commercial & Residential properties

• If approval is given, SPR can only buy landed not exceed 15,000 square feet and not situated
within GCB area
• Foreigner may buy landed in Sentosa only
TEST YOURSELF!
QUESTION: Which of the following are criteria for foreigner person to own a restricted property

i. It is assessed on a case to case basis


ii. Applicant must be a Singapore permanent resident for at least 3 years
iii. Applicant must be a Singapore permanent resident for at least 5 years
iv. Applicant must make exceptional economic contribution to Singapore. This is assessed taking into
consideration factors such as your employment income assessable for tax in Singapore.
v. Applicant must have the qualification that Singapore government want

a) All except iii


b) i, ii and iv
c) i, iii and iv
d) All of the above
[Link]

Answer: C
Break 10min
Legal Description of Land
Land Parcel / Property
TS21 – 12345X
Survey District – Lot Number
1- 30 Town Subdivisions (TS) - City Lot Types Prefix Lot number (range)
Area Land Lot NA 1 to 69999, 90000 to 99999
31- 64 Mukims (MK) - Rural Area
Total 64 Survey Districts Airspace Lot (Eg. Overhead shopping link NA 70000 to 79999
bridge between Bugis+)

U = Unit: so lot numbers with U in front Subterranean Lot (Eg. Underground MRT NA 80000 to 89999
Shopping complex like City link Mall)
are strata lots
A = Accessory : so lot numbers with A Strata Lot (Eg. Apartment, HDB flats or U U1 – U999999
are for accessory lots strata landed house)
7 = Starts with 7 is airspace Accessory Lot (Eg. Carpark space in strata A A1 – A9999
8 = Start with 8 is subterranean lot landed house)
Other permutation is land lot number
(Start with 1-6 and 9)

*Chief Surveyor (SLA) is required to assign a lot number to enable a parcel of land to be identified for the purposes of
any written law
New Lot numbers are allocated by SLA when:

1. Part of the existing lot is alienated, (transferred of ownership by state land / acquired by the
government

2. Amalgamation & Subdivision of the land – subject to relevant approval

Amalgamation
A B C
Subdivision

3. New land parcels are formed arising from reclaimed land, allocation of new foreshore lot, airspace
lot or subterranean lot

4. (For strata lot) – to subdivide a building or to amalgamate and / or subdivide an existing strata lot
Land Subdivision (Old Title Lot 101 New Title Lots 110 to 118)

New New New New New New New New New


Title Title Title Title Title Title Title Title Title Original
with with Boundary
with with with with with with with
of Lot 101
Lot Lot Lot Lot Lot Lot Lot Lot Lot
110A 111H 112C 113X 114E 115Z 116G 117Y 118H

Elevation

No more Land Title - Lot 101

Strata Subdivision (Original Title Lot 102 Remain New Strata Lots & Common Property)

Boundary
Strata Strata Strata Common Strata Strata Strata of Lot 102
Title Title Title Property Title Title Title
Lot Lot Lot Lot Lot Lot
U901A U902X U903P U904R U905Y U906C

Swimming Pool
Elevation Strata Landed Housing Development
Land Title - Lot 102
Basic Land Law Concept
Corporeal Hereditament:
Tangible things that can be touched and inherited
Definition of Real Estate Eg, building, trees
Incorporeal Hereditament
Intangible things that cannot be touched and seen.
Can be inherited. Eg, airspace, easement, covenants,
rights

Real Estate is the modern term for Land

It comprises the surface of the earth including all


of all tree, plants, mineral and water that are
inherent in it

Permanently affixed to it eg, the houses, building


or other man-made structures eg drains, fences
and road.

Fixtures including eg, plumbing, sanitary fittings


and light fittings
REAL ESTATE VS PERSONAL PROPERTY In real estate, Personal Property is
commonly known as Chattels or Fittings
Note:
Property In law, Chattels = Personal Possession
Hereditament means inheritable item

Immovable Property Movable Property

Real Personal
Property Property

Tangible Intangible Tangible Intangible


(Physical) (Non-Physical) (Physical) (Non – Physical)

Corporeal Incorporeal Tangible Intangible


Hereditaments Hereditaments Assets Assets

Eg. Land, Fittings /


House Property Rights / Proprietary Personal Rights
Chattels
Rights (eg. Permission to allow party at your
(Eg. Mortgages, Easement or house every weekend
Restrictive Covenants
Right to use land for a specific purpose
Property rights (interests) related to that is personal to the owner and
land. Interests bind future owner cannot bind future purchaser of the
land. Rights against person (through
contract usually)
Recognition of Real Estate Ownership

A deed is a legal document


Not a document but a legal ownership
used to confirm or convey the Deeds Titles of the real estate that describe the
ownership rights to a property,
bundle of right to the property

Certificate of Titles Subsidiary Strata Certificate of Title Subsidiary Certificates of Title

“Land Titles” “Strata Titles” “Strata Lease Title”

Land / Landed Condominiums HDB Flats


Property Apartments

Building Offices

Leases
Hotels Shops

• Property as its own boundary Factory


• Exclusive use of the land with JTC Property
no common area • Shared land and common areas
• No subdivision • Building subdivided into individual lots
• Owner are called Proprietors • Have shared value (SV) based on strata
area
• Owner are called Subsidiary Proprietors
Fixtures VS Chattels
1. Fixtures are items that attached to a Land and these items lose their characteristic as Chattels and
become part of the building and so Fixture forms part of the Land

2. In absence of prior agreement, Fixtures hands over to buyer upon sale of property

3. Fixtures form part of the entitlement of mortgagee


Fixture Example: floor tiles,
Affixed (Presume)
Degree of window grilles
Annexation Rest on its own Chattels / Fitting Example: tables and chair
weight (Presume)

2 Tests

Adds to property’s utility & Example: built in kitchen


Fixture
enjoyment /serves as cabinet / built in wardrobe
permanent improvement

Purpose of
Annexation Tenant’s Fixture
For enjoyment of the item Trade Fixture
itself although fixed Chattels / Fitting

Example: TV, massage Chair or


kid’s toys mounted on wall

Enhance value / utility of property


TRADE FIXTURE /
ITEMS FIXTURE FITTING
CHATTELS
Sofa ✓
Built in Kitchen Cabinet
To avoid dispute,
Aircon
Salesperson is
Papaya tree in the garden required to put the
Built in Wardrobe list of fitting /
chattels in the
Pond in the garden
inventory list (in
Koi Fishes in the pond writing) that is
Pots and Pans in the kitchen meant to be sold
together with the
Washer and dryer property.
Curtain
Car in the landed property
Chairs in the Cinema
Steam boat pot in Haidilao
Built in Oven in Mexican restaurant
Who owns the fitting if the unit is
sold subject to tenancy without
Inventory List?
Doctrine of
Estate Types of
Estate

Freehold Leasehold
(indeterminable period) (determinable period)
▪ Examples:
Estate 30years years for Petrol
In Fee Estate in Life station 60years for industrial
Simple Perpetuity Estate use 99years for residential use

▪ Largest freehold ▪ Created under State Land ownership is based


on duration of a
estate; without Lands Act (a person's life
the need to pay statutory estate)
rent and pass
on to successors ▪ Grant subject to terms ▪ Granted for the natural
and conditions as lifespan
▪ Limited only by agreed upon in of grantee
government absence of express ▪ A grantee is a person who
regulation of such terms receives property after a sale
rights through ▪ Subject to terms & or other transfer of title
restrictions on use conditions set out in the
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/ development, statues. E.g. right of
legislation & government to have
taxation free access to land and
take mineral oil.
Multitude of Interests Can Thus Exist in a Parcel of Land

Interests Reversion occurs when a property owner makes an


effective transfer of property to another person
but retains some future right to the property
Present Future
Example:
1) Lease of property. Landlord will have
reversionary interest upon the end of the lease
Mortgage Reversion 2) The state will have reversionary interest once
the leasehold estate has ended its lease

Charge
Grantor gives a present interest: Example: Life estate
Remainder
▪ (the right to the possession and use of the property)
Tenancy to one person X for either life or a set period of
time
and
▪ also gives a future interest (a non possessory
interest) in the property to another person Y.
▪ The future interest is called a remainder

Note:
Reversions or remainders can be conveyed to 3rd party like
31 any other interests in land.
Co-ownership – 2 Forms
Property Ownership

Joint Tenancy Tenancy In Common


Note 1:
Joint
Tenancy
Note 2:
1. Last surviving No Specific Shares Undivided Shares Tenant in
owner’s will can of Ownership common
take effect.
1. Each owner can
(Will of the
bequeath to a
property will
Right of Words of beneficiary
not take effect
Survivorship Severance through a will
2. Murder of joint
owners does not 2. No Rights
have right of of
survivorship Unity of Survivorship
Four Unities
Possession
3. Bankruptcy
severs Joint
60 tenancy tenants-in-common can
There are no separate have unequal shares.
shares. All own 100% of Married Couples Investment
Can be 50/50, 90/10
the property
Conversion to Manner of Holding – Co-Ownership

S53(3) Land Title Act – Conversion of Tenant In Commons to Joint Tenancy

1. Owners share of property must be equal shares (50% - 50%)


2. Fill up Form 15 - Instrument Of Declaration To Hold As Joint Tenants
3. Register to Singapore Land Authority

S53(5) Land Title Act – Conversion of Joint Tenancy to Tenant In Commons

1. Any joint owners can unilaterally sever a joint tenancy and convert to Tenant In Common
(without consent of other joint owners)
2. Fill up Form 17 - Instrument of Declaration by a Joint Tenant to Sever a Joint Tenancy
3. Serving a copy of Form 17 personally or by registered mail to other joint owners
4. Register to Singapore Land Authority

Note:
1. All declaration made in the presence of a Commissioner for Oaths
2. If any co-owners disagree with the conversion in Tenant in Common ownership, he can bring
the matter to court.
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TEST YOURSELF!

QUESTION: Three sisters inherited their parent private landed property as joint tenants. The
eldest and middle sisters are staying in the property. The youngest sister sold her interest to
the eldest sister. Two years later, the middle sister pass away. The middle sister will the
interest of the property to her son. Who own the property?

a) The eldest sister who has the right of survivorship


b) The eldest sister and the middle sister’s son as joint tenant
c) The eldest sister and the middle sister’s son as tenant in common with equal share
d) The eldest sister and the middle sister’s son as tenant in common with eldest sister
having 2/3 of the shares and the middle sister’s son having 1/3 of the shares

1. Answer: D. Any joint owners can unilaterally sever a joint tenancy and convert to Tenant In Common
(without consent of other joint owners).
RIGHTS IN ANOTHER’S LAND
Characteristic of Easement
1. There must be a Dominant and Servient tenement.
• 2 separate land

2. An easement must accommodate the dominant tenement


• Dominant owner enjoys the benefits of right (separate from dominant
tenement)
• Servient owner grants and bears the burden of rights

1. Dominant and Servient owners must be different persons

2. A right over land cannot be amount to an easement unless it is capable of forming


the subject matter of the grant.
Servient Tenement – The
party granting the burden.
Dominant Tenement – The one giving
The party benefiting of
the easement.
Extinguishment of Easement
1. Unification of ownership (Amalgamation) – S100 Land Title Act
▪ Dominant and Servient tenement is same owner
▪ Indicate in the instrument and register to SLA
▪ Registrar aware and cancel easement

2. Express Agreement from Dominant Tenement – S101 Land Title Act


▪ A sale on dominant tenement contained easement shall not pass to next owner
▪ Such sale shall release easement

3. Express Release – S105 Land Title Act


▪ Voluntary release by executing instrument to SLA
4. Power of Court – S105A Land Title Act
▪ Application of servient owner to extinguish or varied easement
5. Abandonment – S106 Land Title Act
▪ Non-usage of easement for a period exceeding 12 years
6. Expiry of Easement – S106 Land Title Act
▪ Typical easement created for a period of time only
▪ Special agreement to end easement on certain period of time
▪ Registrar cancel easement based on evidence.
Covenants
Restrictive Covenants
1. Covenant is a Promise
1. Promise made by previous or
2. Created by legal contract made under a seal.
current owners which attached
3. Covenantor (servient tenement) is person making
to land
the promise while Covenantee (dominant
2. Bind anyone owns it even
tenement) is person enjoying the benefits of
though the new owner may not
promises.
have made such contract.
Covenant
Example of Restrictive
Negative = Covenants
Positive (Promise not to do something)
Restrictive
Example - Positive 1. Not to build of any building
Covenant Equitable without the written consent.
Not an
(promise to do something) Interest Interest
1. owner maintaining the 2. Not to use any house other
road shared with than as a private dwelling
Not attach Attach to
neighbour house
to Land Land
2. Repair shared roof 3. Not to use such house for
Does not
Register any business purpose.
bind future
owner 4. No signboards shall be
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Cannot displayed except the house
number, name of occupier
Register
Note: & the street
Most restrictive covenants created at common law are obsolete / superseded by regulatory laws.
Extinguishment of Restrictive Covenants Difference between
Easement and Restrictive Covenants

1. Expiry
2. Unification of ownership of dominant & servient
Easement Restrictive
tenement - covenant becomes unenforceable.
Covenants
3. Release - owner of dominant tenement executing an
instrument to release the servient tenement of the
burden of the restriction.
Legal Interest Equitable
4. Variation or Discharge by Courts Interest
Court order based on grounds: Acts and Rights Rights concern
a) If a change of use of the land as approved by over other’s on owner’s
the URA - that the continued existence of the land land
restriction will impede the development of the
land for public or private purposes. Lasting 20 years
b) That the proposed extinguishment or
variation will not materially injure the person
entitled to the benefit of the restriction.

5. Court cannot remove State Covenants

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LEASE VS LICENCE VS EASEMENT
LICENCE LEASE EASEMENT
Personal Rights Proprietary Rights Rights to use someone’s land
No Exclusive possession Exclusive possession No Exclusive possession
Not assignable Able to assign subject to lessor Assign upon sales / transfer of
approval the land
Revocable during the term Not revocable Not revocable
Temporary and generally for Definite term Permanent till terminated
specific usage and duration only
Terminate upon sale of the Lease will be pass on to the new
property by giving notice to quit owner who buys the property
subject to the Tenancy via Privity
of Estate

Does not run with land Runs with land Runs with land

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