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Full-Text Articles in Law

Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang Jul 2023

Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …


Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. See Apr 2021

Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article examines the use of the writ of seizure and sale as a method of execution against a joint tenant’s interest in land and how it is to be reconciled with established principles of co-ownership law, in particular the fundamental distinction between a joint tenancy and a tenancy in common.


Trust, Contribution And Equitable Accounting: Analysing Imbalances In Contribution Towards Mortgage Payments, Sing Yong Lim, Hang Wu Tang Jan 2020

Trust, Contribution And Equitable Accounting: Analysing Imbalances In Contribution Towards Mortgage Payments, Sing Yong Lim, Hang Wu Tang

Research Collection Yong Pung How School Of Law

A frequently litigated issue across the Commonwealth is determining the beneficial interest of property in light of a breakdown of close relationships such as domestic relationships or family members or friends who may have jointly bought property together. These cases are frequently complicated by the fact that there may be imbalances in contributions of the mortgage repayments by one party. How are parties’ beneficial entitlement determined using legal or equitable doctrines? Unfortunately, the current case law has not been entirely clear and judges have used a myriad of doctrines in relation to such a fact pattern which has resulted in …


The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene Aug 2018

The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that the recent National Day Rally speech by Prime Minister Lee Hsien Loong should recalibrate HDB home owners’ expectations of their home as an ever-appreciating asset. While the recalibration of the HDB-as-asset message is welcome, Associate Prof Tan noted that more could have been done to raise some hard truths such as how upgrading costs for the HDB flats would be funded given an ageing population and a shrinking workforce.


Let Us Not Centralise Town Council Services, Tan K. B. Eugene May 2013

Let Us Not Centralise Town Council Services, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With the Government accepting the findings and recommendations of the Ministry of National Development (MND) Town Council Review Report, the focus has now shifted to a “strategic and comprehensive review of town councils (TCs)”. SMU Assistant Professor of Law Eugene Tan was of the opinion that such a move is timely and needed. He said that Singapore should not revert to the pre-1989 situation in which the management and maintenance of public housing estates was HDB’s sole responsibility. Apart from commenting on suggestions raised in the reviews, he also added what he thought should be included in this comprehensive review …


Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang Sep 2012

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common …


Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University May 2012

Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University

Perspectives@SMU

Global financial systems and economies are still far from recovering from the recent financial crisis triggered by the burst of the American housing bubble. Naturally, the investment community, the academia, and of course, the regulators would be keen to find out how to prevent history from repeating itself.


Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene Sep 2006

Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Is public housing now seen more as a consumption good or investment good? And with all that has been said about an 'asset ,bubble', should we be worrying about an 'expectations trap' instead? Assistant Professor Eugene Tan and Associate Professor Sing Tien Foo give their take on what the changes augur.