3 Answers

Both are considered freehold right to the land, the owner owns and uses it forever.

Key difference to the title is that in the case of Estate in Perpetuity, the State retains access, rights and responsibilities to the contents underground, whether these are valuable or not, dangerous or not.

Feel free to contact me if you have more questions.

Regards

Daniel Ho
OrangeTee Real Estate
wa.me/+6593868788
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Both estate in fee simple and estate in perpetuity are types of land titles used in Singapore, but they come with some key differences in ownership rights and conditions:

**Estate in Fee Simple:**

* **Most Common Freehold Title:** This is the most common and superior form of freehold title granted by the state in Singapore.
* **Full Ownership:** The owner has full ownership and control over the land for an indefinite period, meaning it can be passed down to heirs or sold without restrictions.
* **No Annual Ground Rent:** There's no annual ground rent payable to the government.

**Estate in Perpetuity:**

* **Freehold Title with Conditions:** This is another type of freehold title, but it comes with certain conditions imposed by the Singapore Land Authority (SLA).
* **State retains Mineral Rights:** While the owner has the right to occupy and develop the land, the underlying mineral rights belong to the state. The SLA might have the right to access the land for mineral exploration or extraction (though this is uncommon in urban areas).
* **Obligations and Restrictions:** There might be specific obligations outlined in the land grant, such as maintaining boundary markers or restrictions on development exceeding a certain height.

**Here's a table summarizing the key points:**

| Feature | Estate in Fee Simple | Estate in Perpetuity |
|---------------------|------------------------------------|--------------------------------------------|
| Ownership Type | Freehold | Freehold with Conditions |
| Ownership Duration | Indefinite | Indefinite |
| Inheritance | Can be passed down to heirs | Can be passed down to heirs |
| Sale | Can be sold without restrictions | Can be sold without restrictions |
| Ground Rent | No annual ground rent | No annual ground rent |
| Mineral Rights | Owned by landowner | Owned by the State (SLA) |
| Development | No restrictions | Might have height or other restrictions |
| Common in Singapore | Yes | Less common, typically older land titles |

**In essence:**

* **Estate in fee simple** offers the most unrestricted form of freehold ownership.
* **Estate in perpetuity** comes with some limitations regarding mineral rights and potential development restrictions, but it's still considered a form of perpetual ownership.

**When considering buying land in Singapore:**

* It's crucial to understand the type of land title being offered (fee simple or perpetuity).
* **Review the land grant:** If it's an estate in perpetuity, carefully review the specific conditions and obligations attached to the title.
* Consulting a qualified property lawyer is always recommended for a comprehensive understanding of your land ownership rights and obligations.
My Answer with regards to your Question:

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Estate in fee simple and estate in perpetuity both refer to ownership rights over land, but here’s the key difference:

Estate in Fee Simple is the most complete form of ownership under common law, giving the owner unlimited duration of ownership with the freedom to use, sell, or pass on the land.

Estate in Perpetuity is a term used mainly in Singapore to describe freehold ownership of land granted indefinitely by the state, essentially a freehold estate without time limit.

In practice, for Singapore property buyers, “estate in perpetuity” means freehold ownership with no lease expiry, similar to fee simple ownership.

If you want to know more about land ownership types or how they affect property choices, feel free to reach out.

Aren Goh | 96576701  Read More
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