Singapore legislation
Section 10
Section 10
Easement of subjacent support
(1)
To avoid doubt, it is further declared that for all purposes, there is implied —
as belonging to each parcel of land — an easement for the subjacent support by any other parcel of land capable of affording such subjacent support; and
as affecting each parcel of land — an easement for the subjacent support of any other parcel of land that is capable of being so supported.
(2)
Subject to subsections (3) and (7), the easement implied under subsection (1) also entitles the grantee or lessee of the parcel of land that is the dominant tenement —
to erect or install within subterranean space any structure necessary for the support of the parcel of land, including underpinning or strengthening any building on that parcel of land;
to maintain, replace, renew or restore any such structure erected or installed for the support of that parcel of land; and
to have, upon giving reasonable notice, any access to the servient tenement (through agents and employees) that is reasonably required for erecting or installing any structure mentioned in paragraph (a), or for maintaining, replacing, renewing or restoring any such structure.
(3)
The person entitled to the benefit of the easement implied under subsection (1) —
cannot exercise any rights under the easement in a way that unreasonably prevents another person from enjoying the use and occupation of the other person’s land; and
must, when exercising any rights under the easement, take reasonable steps to minimise damage to land or other property from work or activities carried out in the exercise of those rights.
(4)
Without affecting subsection (2), the easement implied under subsection (1) confers and imposes all ancillary rights and obligations reasonably necessary to make it effective.
(5)
The easements implied under this section take effect and are enforceable without any registration or notification under the Land Titles Act 1993 on the folios relating to the parcel of land concerned.
(6)
In this section, any reference to a grantee or lessee of any parcel of land is a reference to the Government if the parcel of land is not the subject of any State title.
(7)
Nothing in this section —
derogates from the requirements or effect of any other written law for the time being in force relating to planning and use of land or to building and construction, or from any rule of law relating to lateral support for land; or
prevents the exercise by any public authority or any licensed provider of a utility service of any power under any other written law in good faith and with reasonable care.[3C