The
book was first published in July of 1994. It has now been released in its second
edition. Before referring to the new edition, it is worthwhile, I think, to
first say something general about the book and this encompasses the first
edition.
The Book in General
The publication of the first edition of the book in 1994 represented a milestone in the history of legal texts on land law in Singapore. As one who studied land law in the then University of Singapore, I can attest to the fact of how difficult it was to try and apply sensibly all that one could read in the English textbooks to the local contexts of land law.
Even in those early days, some 20 odd years ago, those studying or seeking to apply the land law of Malaya had the good fortune of being able to fall back on the writings of another academic, Dr David SY Wong, in the form of his book, Land Dealings in the Malay States (1975). In short, we in Singapore have had to wait till 1994 before we had access to something relevant and applicable to Singapore land law in the form of the first edition of this book. The relevance of the book alone commends itself to both students and legal practitioners in Singapore.
But more than that, the book is well written and contains, in one volume, an impressively comprehensive discussion of the fundamentals of the principles of Singapore land law. It is written in a very readable style and explains difficult and, some would say, dry land law principles in a simple manner.
Its extensive reference to local cases is its raison d'etre. To both students and practitioners alike, the book is an extremely welcome addition; indeed, by its sheer relevance alone, it is a book long overdue. The fact that the book is both elegant in its language and clear in its explanation and presentation of complex land law principles is a testimony to the legal scholarship of the author and her depth of understanding of a subject which she has taught legions of students over the years in the law faculty of the National University of Singapore.
Another strength of the book is the author's comprehensive discussion of caveats (ch 15) and mortgages (ch 18). Both these matters are of great importance in Singapore. The Torrens System in Singapore makes an understanding of the system and law relating to caveats crucial. In the case of mortgages, its importance lies in the fact that in Singapore, the mortgaging of real property is possibly the single most important mode of raising finance.
The Second Edition
The new edition takes up where the first edition leaves off in terms of the cases that have been decided by the courts in Singapore and the legislation that has been passed since 1994.
In this second edition, the writer's thoroughness is again unmistakable. Her inclusion of a discussion on the seminal decision of the Court of Appeal in Xpress Print Pte Ltd v Monocrafts Pte Ltd [2000] 3 SLR 545 in the chapter dealing with easements and profits a prendre (ch 20), for example, is to be greatly welcomed.
Likewise, the discussion of the case of Abraham Aaron Isaac v MCST Plan No 664 [1999] 3 SLR 81 in the chapter dealing with strata titles (ch 22), is helpful to practitioners who are trying to understand and apply the principles embodied in the Land Titles (Strata) Act (Cap 158) to the user of common property. The writer's ability to see the other side of things, so to speak, is refreshing. Thus, while expressing the view that Isaac's case must be right in principle, she nonetheless adds that, 'While the Court of Appeal must be right in regard to the right of user of common property by a subsidiary proprietor ... one can sympathise with the management corporation'.
Final Remarks
The book's comprehensiveness is more than this short review can do justice to. The proof of the pudding, as they say, is in reading the book yourself. I certainly commend this book to both students and practitioners alike. Indeed I think no law student or legal practitioner should be without it.
The author modestly declares in her 'Preface to the First Edition' that 'This book is intended for students, but law practitioners may also find it of some assistance'. I disagree: a legal practitioner who needs to familiarise himself with the fundamentals of land law in Singapore need go no further than this book. Conversely, it would be an odd sort of legal practitioner in Singapore who does not, from time to time, consult this book. Already, the book has, since its first publication in 1994, been regularly cited in court - proof positive of its relevance and importance. Indeed, as recently as three weeks ago, I myself cited parts of the book to the Court of Appeal!
Leslie Chew, SC
Khattar Wong & Partners