Creation of easements – Singapore property for sale/ rent
Singapore property for sale/ rent – Easements can be created in the following ways:
1) By an Act enacted by parliament. Parliament has the power to create any easements that is necessary. For example, the Land Titles (Strata) Act provides for easements in the form of passage of water pipes, sewerage pipes, drainage pipes, gas pipes, electrical power cables, etc through adjoining units in a condominium.
2) By necessity because it is surrounded by other land. A property without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked property and there has been some original intent to provide the property with access, but somehow was never completed. A court order may be necessary to determine the existence of an easement by necessity.
3) By prescription after long period of use. Easements by prescription are implied easements granted after the dominant estate has used the property in a continuous and open manner for a long period of time (generally accepted under common law to be after 20 years).
4) By expressed or implied reservation by the seller at the time when he sold his adjoining piece of land. The seller who created the easement is now the dominant servient while the adjoining piece of land that is sold by him, is now the servient tenement.
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