ENJOYMENT OF LAND

Right to use and possess

To get benefit
To get advantages
Natural rights
To get the best out of it

WHY ENJOYMENT IS
IMPORTANT?
To exercise the right that was given to us as
land owner , licensee or lessee

To get benefit out of the land e.g cultivation,
develop it, deal with it, convey it, rent it, make
capital out of it etc.

HOW DO WE ENJOY LAND?
Not absolute (it is qualified)
There are 4 limitations (Sec. 44 NLC)
1. Conditions or restrictions imposed by the
NLC
2. Limitations imposed by other laws
3. Enjoyment must be reasonable
4. It is necessary for you to enjoy it
TYPES OF RIGHTS

PARAMOUNT RIGHTS
(SECTION 44)

SUBSIDIARY RIGHTS
(SECTIONS 45)
PARAMOUNT RIGHTS
(NATURAL & ACQUIRED RIGHTS
SEC. 44)
Explains the paramount rights provided by
the Torrens System which includes:
(a) Exclusive use and enjoyment of column of air
space above the surface of land as
reasonably necessary to the lawful use and
enjoyment of the land;
(b) The right to support of the land in its natural
state by adjoining land;
(c) Right of access to foreshore, river or public
place
Natural Rights
The right comes together with the land
example:
Right to air/air space/light
Right to support
Right to access
(based on the Common Law priciples)
Acquired Rights
The right derives from agreement between
parties example:

right to access
easement


PARAMOUNT RIGHTS
NATURAL RIGHTS SECTION 44(1)
(a) Exclusive use and enjoyment of column of
air space above the surface of land as
reasonably necessary to the lawful use and
enjoyment of the land;
RIGHT TO USE AIRSPACE
Common law principle
Whose is the soil, his is also that which is above
below it
(cujus est solum ejus set usque ad coelum et ad
infros)

Case: CORBERT v. HILL
At common law, the owner of the land is the
owner of everything up to the sky and down to
the centre of the earth
RIGHT TO USE AIRSPACE
SEC. 44(1)(a) NLC
Reasonably necessary
Lawful use and enjoyment
Practical limits imposed to utilize the right
Exclusive but not absolute
Limited by Sec 19 Civil Aviation Act 1969
NATURAL RIGHTS
SEC. 44(1) (b)
The right to support of the land in its natural
state by adjoining land;

RIGHT TO SUPPORT
adopt from the common law principle that a
remedy is available to someone whose rights
have been violated
negative right something should not be done
on your own land or property that might
endanger the land or property of others


RIGHT TO SUPPORT
Conditional Right ( not absolute)
a. The land at the lower must support the land
above it.
b. It must be adjoining to each other
c. The land must be in its natural state
d. No additional strength is to be given beyond
what is on the land
RIGHT TO SUPPORT
why right to support is necessary?
1. To safeguard the right of owners from being
interfered with, that someone is not allowed to
do what he pleases.
2. The concept of law itself is working towards
justice. It would be unjust if rich land owner does
something on his land that will affect his
neighbours, that leaves him without remedy
3. Neighbour principle that man should live in
peace and harmony with one another, that
something should not be done if it is going to
hurt someone.
Right to support
sec. 44(1)(b) - land must be in its natural
state
What is NATURAL STATE?
Common Law Principle
Every piece of land has an absolute right of
support from adjoining land and the land must
be in its natural state i.e. land unburdened with
building and unweakened by excavations,

case
MADAM CHAH SIAM V. CHOP CHOY KONG KONGSI

the right to support applies to the land in its
natural state and the right does not become a
greater right when buildings are situated or
excavations are made on the land

CASE
GUAN SOON TIN MINING CO. V. AMPANG
ESTATE LTD
if the subsidence of the land was caused by
the
Additional weight imposed by such building or
Structure on the land, then theres no
withdrawal
Of support by the adjacent land

PARAMOUNT RIGHTS
NATURAL RIGHTS - SEC 44(1)(c)
Right of access to foreshore , river or public
place
RIGHT TO ACCESS
a right acquired through contract between
parties
to pass and re-pass over someones land or as
a natural right.
Why right of access?
1. Without the right, the owner of a piece of
land has no access cannot go to his land the
land creates the right out of necessity for him
to enjoy his land and him to utilize his land.
2. It is only a privileged over somebody elses
land. No right to extract anything.
3. Without access there is bound to trespass
How right of access can be
created?
a. As a natural right sec. 44(1)(c) if the
alienated land abuts the foreshore or any
river or public place the owner has a right of
access
b. As an acquired right (easement- sec. 282)
e.g A agreed to allow B to have the right of
foot-way and without vehicles on As land.
c. As an imposed right by the State authority
(LAROW sec. 388)
SUBSIDIARY RIGHTS
(LIMITED RIGHTS SECTION 45)
To extract, move or use rock material

To fell, clear, destroy, remove forest produce

To extract any metal or mineral
Subject to the provisions of this
Act

Section 45(2)(a): A landowner may not use
and extract metals and minerals from his land.

Section 45(2)(b): A landowner may not remove
beyond the boundaries of the land any rock
material or forest produce.

Section 45 is subject to limitation that have
been stipulated under Chapter 3 of Part Four
of NLC.