What laws allow you to own property?

Under the State Land Acts

 There are 5 types of grants of land available:

 Freehold                               Leasehold                 
estates in fee simple             leases; 7 - 99 years                                                     
estates in perpetuity

Short-term within 3 years
tenancy agreements
temporary occupation licences(TOL)

Definitions of each grants
Estate in fee simple
No need to pay land rent, need to pay property tax (statutory charge). 

When do estate in fee simple arises?
1) the owner of land surrender his fee simple title to the State, exchange for grant of one or more new titles for sub-division, development, other purposes.
2) when state reserve land is no longer needed by the State, such reserves can be granted as an estate in fee simple.

Statutory extracts: Grants, Section 1418.  Where State land constituting the whole or part of a State reserve for road, or other strip of State land, is situated adjoining land held, or to be held, by any person under a grant in fee simple, and that State land is no longer required, or not required by the State as such a reserve, or otherwise, the President may issue to that person a grant of that State land or any part thereof in fee simple.

Estate in perpetuity
a.k.a. Statutory Land Grant (SLG)
Land rent has been waived w.e.f Jan 1992, need to pay property tax (statutory charge), implied terms under the Act:
  • right of state to search and take any mineral oil and given suitable compensation by Collector of Land Revenue;
  • right of way by adjoining land owners who otherwise have no access to nearest public road,
  • obligation to maintain boundary landmarks;
  • right of state to take earth, clay, gravel, sand, stone, other minerals without compensation;
  • right of state to lay and repair pipes, sewers etc;
  • obligation not to open, dig for any oil, mines, minerals etc.


 Leasehold has definite duration, is a reversionary interest, lessee owns the land during the lease, on expiry the land reverts back the the lessor.


Statutory extracts: Form and registration of leases
87.—(1)  Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form.
(2)  The Registrar shall not register any lease unless —
(a)the term is expressed to exceed 7 years;
(b)the date of commencement of the term and its maximum duration are certain; and
(c)the lease purports to confer on the lessee exclusive possession of land.

(3)  For the purposes of this section —
(a)the fact that the term of a lease may be extended in pursuance of an option shall be taken into consideration in determining whether the term of the lease exceeds 7 years; and
(b)the fact that a lease for a specified period of time is determinable on the happening of an event within that time shall not be taken into consideration in determining the term of the lease.

(4)  A lease is not unregistrable by reason only of the fact that the possession of the lessee is expressed to be non-continuous.

(5)  Nothing in this Part shall affect the law relating to tenancies for terms of 7 years or less.
Certificate of title for leasehold estate
6.  A certificate of title issued for a leasehold estate comprised in a lease registered under the Act or the Registration of Deeds Act (Cap. 269) shall indicate the term of the lease, and the covenants and conditions subject to which the lease was made may be indicated by reference to the lease.