Leases as subdivisions of land : A comparative analysis of Singapore, New South Wales & British Columbia

• Main Authors: TI, Seng Wei, Edward, PEH, Pearlie
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Leases; Subdivision framework; Comparative law; Subdivisions of land; Comparative and Foreign Law; Land Use Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4551
• Institution: Singapore Management University

A lease is created by carving out a smaller estate from a larger estate, while a subdivision of land is often synonymous with a physical partition. However, where the term of a lease exceeds certain statutorily prescribed periods of time, the demise may amount to a subdivision of land, even without physical partitioning or tangible changes to the land. This article seeks primarily to clarify doubts surrounding when temporal subdivision of this nature occurs, given the amendments to the Land Titles Act 1993 following the Singapore Court of Appeal’s pronouncements in Golden Village Multiplex Pte Ltd v Marina Centre Holdings Pte. This involves an analysis of matters cutting across property law principles, land registration, and planning law. Additionally, this article compares the subdivision framework in New South Wales, Australia, and British Columbia, Canada, with Singapore, exploring how the compared jurisdictions treat the underlying lease where there is a lack of subdivision permission in situations so requiring.