Do I have a right of way over my neighbour’s property?
What is an easement?
An easement refers to the right of one landowner to use another landowner’s land in a certain manner. An easement may arise in different forms, which will be further explained in this article. Easements are attached to a property rather than the owner. As a result, easements are typically passed on together with the land when it gets sold and transferred to a new owner.
For example, House A is sitting on a landlocked property with no means of access to it besides a small alley that cuts across the backyard of House B. So in order for the owner of House A to enter and exit his own home, he will therefore have to make use of and pass through House B’s backyard. In such a situation, it is likely that House A will come with an easement so that its owner can have access to his or her land. Consequently, House B is burdened as whoever that owns House A will also be legally entitled to cross through House B’s private land.
Therefore if you are intending to purchase a particular piece of land or property, it is very important to first find out whether the land that you are intending to own comes with an easement, as you may end up being legally required to share part of your property with a total stranger.
Implied Easements
Firstly, according to section 98 of the Land Titles Act, an easement may be implied for the passage or provision of water, electricity, drainage, gas and sewerage through adjoining units in a development. This easement is typically granted to utility companies to run power and cable lines on a property. Such an easement may also apply in situations where businesses that require substantial use of utilities in order to operate their shops are only able to access the said utilities by accessing someone else’s land. However, this easement will be limited to the passage and maintenance relating to water, electricity, drainage, gas and sewerage only.
Secondly, under section 99 of the Land Titles Act, an easement may be found if it can be “appropriated or set apart” on the subdivision plan. While there is no need to link subdivision approval and development approval, a subdivision plan must be tendered in evidence to support the argument of an implied easement. However, implied easements under this section may be difficult to prove because even if a subdivision plan is tendered as evidence, there is still the question of whether an access route was set out. If there is no delineation on the site plan that clearly shows two strips of land being appropriated or set apart for use as an easement of way to be made appurtenant to other lots, it will be very hard to argue in favour of an easement.
Right of way of necessity
It may be possible for a right of way of necessity to exist if it can be proven that there is no other way to access a particular plot of land besides through other pieces of lands adjoining it. But if there is any other means of access to the land, no matter how inconvenient, no way of necessity can arise, for the mere inconvenience of an alternative way will not of itself give rise to a way of necessity.
Easement by prescription
An easement by prescription may be made out if there is at least twenty years of continuous use of the encroached area with the consent or acquiescence of the former registered owner. However, it is worthwhile to note that easement by prescriptions are rarely ever granted by the Singapore courts.
Conclusion
In conclusion, there are many ways in which an easement may be found and each landowner’s situation will be different. Our team of civil lawyers in Singapore will be able to best advise you on whether you have a right of way over someone else’s property, or if someone else may potentially have a right of way over your property instead.
