FMT303: In the context of Ben Investment Funds, Shirley and Lionel, demonstrate with a well annotated diagram to show who has dominant and servient tenement. Property Law assignment
Module / Subject / School:
FMT303 Property Law
Singapore University of Social Sciences
Ben Investment Funds (the company) has 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 video camera on this strip of land to monitor the traffic condition.
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 is still valid. Shirley enjoys her peace and quiet now finds Lionel driving pass her land each day rather annoying. Lionel found a gold nugget while driving along Shirley’s land. Shirley found out about Lionel’s discovery of the gold nugget and insisted Lionel return the gold nugget to her as she is the rightful owner. Lionel challenged Shirley that “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 their 100 hectares 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. (20 marks)
(b) Examine Lionel’s claim on his discovery of the gold nugget. (80 marks)
What we score:
Our Writer’s Comment
This assignment tests students on their knowledge of property laws.
Based on the assignment requirements provided, here are some comments to help students score well on this assignment:
(a) In the context of Ben Investment Funds, Shirley, and Lionel, you should create a clear and well-annotated diagram to illustrate who has the dominant and servient tenements. Make sure to accurately represent the relationship between the parties and the specific pieces of land involved in the scenario. Clearly label each party’s role and the relevant land parcels to demonstrate your understanding of the concept of dominant and servient tenements. Use arrows and annotations to explain the rights and obligations of each party in relation to the land.
(b) To examine Lionel’s claim on his discovery of the gold nugget, start by discussing the concept of “finders keepers” and its relevance to the situation. Analyze the legal principles related to the discovery of valuable items on someone else’s property. Explain the relevant laws or precedents that govern such situations in Singapore. Use case law or relevant statutes to support your analysis. Evaluate whether Lionel’s claim is legally valid and under what circumstances he may or may not have a right to the gold nugget. Consider factors such as ownership of the land, the concept of accession, and any applicable laws related to found property.
- When analyzing the situation, ensure you address both Shirley’s claim as the landowner and Lionel’s claim as the finder of the gold nugget. Discuss any potential legal arguments or counterarguments that both parties may present. Cite relevant legal sources to support your analysis and provide a well-reasoned conclusion based on the legal principles you have discussed.
- Remember to use clear and concise language to explain the legal concepts and apply them to the specific scenario presented in the question. Use headings and subheadings to organize your analysis and make it easier for the reader to follow your arguments.
- As you examine Lionel’s claim, consider any potential rights or responsibilities that may arise from the arrangement between Lionel and Ben Investment Funds regarding the use of the land to reach the highway. Discuss whether this arrangement has any bearing on Lionel’s claim to the gold nugget or Shirley’s right to enforce the covenant against Tony Stark Technology.
- Conclude your analysis by summarizing the key points and offering a well-reasoned opinion on the outcome of the dispute between Shirley and Lionel over the gold nugget. Be sure to address any potential counterarguments or complexities in the scenario.
Overall, use a logical and systematic approach to address each aspect of the question thoroughly and support your analysis with appropriate legal references and authorities. Keep your writing clear, concise, and well-organized to present a cohesive and comprehensive response to the scenario provided.
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