So, who owns the land beneath your property?

[land118]

Interesting question, wait for Authorities to reply this forumer...

http://www.straitstimes.com/STForum/Story/STIStory_766256.html

So, who owns the land beneath your property?

14 Feb 2012
Straits Times
ACCORDING to the Land Titles Act of Singapore, land is defined as 'the surface of any defined parcel of the earth, all substances thereunder and so much of the column of airspace above the surface'.

In other words, a land owner enjoys the exclusive use and enjoyment of his or her land, the space on top of it, and below all the way to the centre of the earth - to borrow the words of my lecturer at the Institute of Estate Agents.

With the Government's plan to build an extensive underground network, for various public purposes and amenities, it is possible that the subterranean space of private land owners may be used.

Is there a provision under the Land Titles Act - or any other Act - that allows the Government to do so, and under what specific circumstances? What is the compensation awarded to the land owner for the use of such space, if any?

Tan Han Sing

[zzz1]

Yap.. By applying the rules, mrt tunnel pass by the estate, the land shall be acquired under the provision of the Act and compensated in accordance to the fair and just of the prevailing Market rate..

Suck tumb and L L....:D :D

[smallant]

Depending on what you find under the land..
If gold... Oil... Treasures.... This will belongs to the State !
If bomb... Gd luck hor.. Better find your own bomb disposal unit !:D
This saga played out recently with one local contractor.. not sure how the ending goes... :scared-1:

[mcmlxxvi]

What a daft comment by the writers lecturer at IEA. The Earth is round. If really the piece of land owned is right down to the core of the Earth, wouldnt the deepest point be super tiny micro nano particulate speck of dust, or worst nano part of a speck of microorganism. Really do hope the lecturer meant it tongue in cheek. Imagine writer taking it seriously...

[fclim]

The writer did not include the entire clause. It is as follows:


"land" means —
(a) the surface of any defined parcel of the earth, all substances thereunder and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or
(b) any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto, and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;

The key sentence in subclause (a) is: "as is reasonably necessary for the proprietor's use and enjoyment". So the land beneath where the foundation of the building sits probably is included. But, beyond that, if it is not reasonably necessary for the proprietor to use, then it is not his/her land.

[desirenlure]

I believe we are only talking about Freehold property which the owners actually own the land and the earth beneath, otherwise the land owner is one of the government institution, for instance the legal document my 99 year condo says the land is owned by JTC, is tenanted to the developer who is leasing an apartment to me.

[fclim]

I believe we are only talking about Freehold property which the owners actually own the land and the earth beneath, otherwise the land owner is one of the government institution, for instance the legal document my 99 year condo says the land is owned by JTC, is tenanted to the developer who is leasing an apartment to me.

FH of course, where you own the land title. But the FH owner does not own the entire subterranean land all the way to the centre of the earth. He only owns the part up to the point where he has reasonable use for it. In most cases, it would mean the foundation structures beneath his house.

Beyond the depth of the structures, a normal owner would usually have no use for the land. I am no lawyer and lets see how SLA replies.

[buttercarp]

According to my housing agent, if it is "Estate in Fee Simple", it means you own the land area but you are not entitled to any valuable finds in the ground below as it belongs to the state.
Estate in perpetuity - i don't know.