Source : Straits Times – 8 Jul 2009
A MISALIGNED boundary line between two properties in Novena has led to angst on both sides of the fence.
Land encroachment became an issue for owners of two corner terrace houses at Jalan Novena Selatan when a couple began building a two-storey extension on their land.
Now their neighbour, Dr Adelene Chow Ching-Ling, has taken the couple – who allegedly built into the back of her land and also damaged property – to court.
The couple, Mr Chew Ping and Ms Eunice Phua Ling, both in their early 40s, have counter-claimed against the 35-year-old doctor for encroachment as well.
Dr Chow bought her house in November 2003, while the couple bought theirs about a year later.
Dr Chow claimed that in 2005, during extensive renovations, the couple damaged a 1.6m-high chain link fence on the boundary line, the tiled ground on which the fence and metal posts stand, and the cemented ground adjacent to the drain near her house.
Dr Chow paid for two property surveys. The first, in October 2005, revealed that the fence was not aligned according to the common boundary of the two properties.
But another survey conducted six months later showed encroachment by both parties – at the front of the couple’s property, and at the back of Dr Chow’s property.
Dr Chow claimed that, given the extensive renovation work carried out, the couple knew or should have known that the fence was wrongly aligned and thus should not have encroached on her land. She alleged in her statement of claim that the couple refused to replace the damaged fence with a new one and to align it to correspond with the proper common boundary, as well as rectify the encroachment above and below her ground.
She is seeking a court order for the couple to reinstate a new chain link fence; demolish and remove the elevated concrete floor; pay for repairing/ making good future soil subsistence, erosion or damage to her property.
The defendants deny that they have encroached into Dr Chow’s property. They claim that the common boundary between the two properties was never changed while renovation work was undertaken.
They allege that both sides agreed, in 2006, to replace the fence according to the correct boundary but the agreement fell through.
The couple also claim that the doctor had failed to rectify her encroachment into their property.
During the second day of the hearing on Monday, District Judge Loo Ngan Chor spent the afternoon with the parties and their lawyers – Mr S.H. Almenoar and Mr Basil Ong – at the Novena site.
The hearing continues.
About this case
A COUPLE are being sued by their neighbour because their home off Thomson Road allegedly encroaches into the back of hers.
Dr Adelene Chow Ching-Ling, 35, has asked the court to order Mr Chew Ping and his wife, Madam Eunice Phua Ling, to realign a fence separating their two properties, so that it follows the correct boundary line along Jalan Novena Selatan.
The doctor also seeks the removal of an elevated concrete platform lying on her side of the house.
The couple carried out massive construction works on their land.
They are counter-claiming against Dr Chow for encroaching into their property in the front.
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