FMT303: Property Law TMA Assignment, SUSS, Singapore: In the context of Ben Investment Funds, Shirley and Lionel, demonstrate with a well-annotated

Question 1

Ben Investment Funds (the company) acquired a substantial amount of land in the central part of Singapore in 2010 and has sold a lot of it with various conditions and promises made between Ben Investment Funds and the buyers. The company would like some advice on whether anybody can claim against them.

In line with the company’s corporate strategy of reaching out to strategic partners, the company allows their neighbour, Lionel to use their land to reach the highway. This arrangement allows Lionel to save 30 minutes to reach the highway. Lionel installed a video camera on this strip of land to monitor the traffic conditions.

The company then sold their piece of land that was adjacent to Lionel’s to Shirley in 2018. Shirley holds the land as fee simple absolute in possession. Lionel assumed the arrangement to reach the highway was still valid. Shirley enjoys her peace and now finds Lionel driving past her land each day rather annoying. Lionel found a gold nugget while driving along Shirley’s land. Shirley finds out about Lionel’s discovery of the gold nugget and insists Lionel return the gold nugget to her as she is the rightful owner. Lionel challenged Shirley to “finders the keeper”.

The company owns 100 hectares of land in one corner. In the very far corner, the company sells 1 hectare to Tony Stark Technology. One condition of the sale is a covenant to not fly any drones or other aerial devices. Subsequently, the company subdivides its 100-hectare piece of land and sells it off in chunks. The conveyance states ‘the conveyance is drafted for the benefit of the whole of the dominant land’. The new owner of the land adjacent to Tony
Stark Technology’s is Bellamy Wellness. Tony Stark Technology has now started flying their prototype electric air taxis around and irritating Shirley. Shirley wants to know whether she can enforce this covenant.

(a) In the context of Ben Investment Funds, Shirley and Lionel, demonstrate with a well-annotated diagram to show who has dominant and servient tenement.

(b) Examine Lionel’s claim about his discovery of the gold nugget.