Global Advisory Experts Logo

Find a Global Law Expert

Practice Area


Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

Is Easement an Encumbrance?

posted 3 months ago

Section 340(1) of the National Land Code (Revised 2020) (“NLC”) establishes certainty of title by way of registration adopted from the Torrens System. It states that the title or interest of any person or body registered as the proprietor of a land, or in whose name any lease, charge, or easement is registered, is generally indefeasible, subject to the provisions mentioned in this section.

Section 5 of the NLC did not define the term “encumbrance” on a title but a bona fide purchaser for value would generally impose a condition on the proprietor in the sale and purchase agreement to dispose the title or the registered interest in the title free from caveats, encumbrances and prohibitory orders. As such, the proprietor would be required to deliver to his bona fide purchaser a clean title pursuant to the contract and not an encumbered one.

Interests in land that are capable of being registered are considered encumbrances.

Click to read more:


About the author

Hee Sue Ann
Real Estate, Banking & Finance
Halim Hong & Quek
[email protected]



who are already getting the benefits

Sign up for the latest advisory briefings and news within Global Advisory Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

About Us

Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Stay Informed