Digging Deep into the Ownership of Underground Space—Recent Changes in Respect of Subterranean Land Use

Abstract

Shortly after the government announced its intention to develop a comprehensive underground masterplan, the Singapore Parliament made amendments to the law in the area of the surface landowner’s claim to the subsoil underground. This paper outlines and evaluates the changes made and posits that they represent a significant departure from the pre-existing law, particularly in the establishment of a clear cut-off point beneath which the surface landowner may make no ownership claim, and in the creation of a statutory easement in favour of the surface plot over all other land capable of providing subjacent support. These provisions are likely to gain importance as underground devel-opment and land use intensifies. However, this paper concludes that the changes bring with them some discomfort as to the content of the rights of real property in Singapore, even as they seek to provide clarity in an area of law where previously a dearth of authority existed, given that critical structural and interpretive gaps in the law remain. There is still some way to go before it can truly be said that a workable legal framework for underground land use has been created.