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LAND 1 SEM I 0607
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LAND 1 SEM I 0607

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  • 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2006/2007 SESSION AHMAD IBRAHIM KULLIYYAH OF LAWS Programme : Bachelor of Laws Level of : Third Study Reading Time : 2.30 p.m. – 2.45 p.m. Date : 15.11.2006 Duration : ( 15 minutes ) Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections Duration ( 3 hours ) Course Title : Land Law I Course Code : LAW 3110 This Question Paper Consists of 8 Printed Pages With 6 Questions. INSTRUCTIONS TO CANDIDATES DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO. Answer FOUR (4) Questions Only. REFERENCE ALLOWED National Land Code 1965 Any form of cheating or attempt to cheat is a serious offence which may lead to dismissal Statutes should be free from any form of annotation. APPROVED BY
  • 2. 2 QUESTION 1 Rahim claims that he was a pioneer settler of a plot of land in Ulu Bendol for the last 30 years. He informs you that the State Government has given the land he has been occupying for all these years to a private developer. The private developer plans to develop the land into a housing estate and has applied to the Seremban High Court recently for an order of possession of the land on the ground that Rahim and a few others were unlawful occupiers. According to Rahim, the District Officer had allowed him and a few others to settle on the land since 1976 and that during the election campaign in 1995, the State Assemblyman for Ulu Bendol district had visited them and promised to discuss with the state government to grant them with temporary occupation licences. Rahim comes to you and would like to know: i) Whether he has any rights over the land he has been occupying for almost thirty years. (5 marks) ii) Whether the act of the District Officer in allowing Rahim to settle on the land and the promise by the State Assemblyman to assist in getting the licence can be used as valid arguments in court in support of his claim (5 marks) iii) Under what circumstances can land revert to the State Authority? (5 marks)
  • 3. 3 QUESTION 2 (a) You are the Land Administrator of Gombak district and have been informed that a huge modern bungalow is being constructed on a plot of land owned by Encik Sahlan, held under the category ‘agriculture’. Decide on the following matters: i) Whether Encik Sahlan has committed a breach of condition? Explain your answer. (3 marks) ii) If a breach of condition has been committed, what action can be taken by the State Authority? (4 marks) iii) What Encik Shalan can do if his land has been forfeited by the State Authority? (3 marks) (b) Syarikat Ratin Kublal Sdn. Bhd.(“the company”) received a notice of demand from the Land Office for collection of rent in arrears. The company comes to you seeking your advice alleging that since it is in the process of winding up it has no asset to fulfill the demand. The company would like to know the legal consequences of not complying with the notice within the stipulated time. (5 marks)
  • 4. 4 QUESTION 3 With reference to provisions of the National Land Code, 1965 and decided cases, advise the parties in the following situations as to their status on land held under Temporary Occupation Licences (“TOL”): a) Mr. Ng, a second-hand car dealer in Kepong, holds a TOL for the purpose of a private residence but has been exhibiting cars on his TOL land. He recently received a notice terminating his licence five months before the expiry of the licence. Advise him whether the licence has unjustifiably been terminated and whether he can claim compensation. (3 marks) b) Pak Dollah has been issued with a TOL for the purpose of cultivating vegetables in a plot of land in Ulu Selangor in March 2002. In September 2002, Sani came on the land and alleged that he had been issued a TOL on the same plot of land to rear poultry. Pak Dollah is unhappy and wants to know whether he can sue Sani for trespass. Advise. (3 marks) c) Muniandy started a nursery business on his TOL land in May 2002. He has built some wooden structures to exhibit his plants to his customers and a small house at the back of the nursery where he lives with his wife, Leela. In September 2002, Muniandy was stricken by a stroke and became disabled. Leela took over the running of the nursery.
  • 5. 5 i) If Muniandy passed away, can TOL land be transferred to Lela’s name, being his wife and the sole heiress? (2 marks) ii) Assuming that Muniandy is well and would like to continue occupying the land after the expiry of the licence, does he have a right to renew the licence? (2 marks) iii) Assume that due to Muniandy’s stroke, Leela decides to leave the land and moves back to her parent’s house elsewhere. Arumugam is interested in taking over the nursery business and Leela wishes to sell the house and structures built on the said TOL land to Arumugam. Can she do so? (5 marks) QUESTION 4 a) Explain the meaning of the maxim quicquid plantatur solo, solo cedit. To what extent has the concept been adopted by the Malaysian courts in defining what land is? Why do you think it is necessary to define the meaning of land? (10 marks)
  • 6. 6 b) Wong has entered into a contract to sell his house in Puchong to Kazin. He consults you as to whether the following items (which were not mentioned in the contract of sale) are to be included in the sale: (i) a bronze statute of a lion which is standing in the garden on its own weight; (1mark) (ii) a stained glass lampshade, attached to the ceiling by a chain, which was given to him by friends when he got married; (1mark) (iii) a fitted kitchen cabinet which Wong installed; (1mark) (iv) adjustable bookshelves which slot into strips of metal screwed into the wall; and (1mark) (v) a fitted carpet which is on hire-purchase from Court Mammoth Sdn. Bhd. (1mark)
  • 7. 7 QUESTION 5 Nonya was the owner of a piece of land. Pauzi and Doh are brothers. Pauzi is currently pursuing a law student at IIUM and Doh runs a small business. Pauzi and Doh agreed to purchase the said piece of land from Nonya at a price of RM50,000. A sale agreement was executed between Nonya and Pauzi and Doh. Thereafter, Pauzi told Doh that it was not possible to effect transfer of the land into both their names. He told that the law does not permit a transfer of land to two or more persons as co-proprietors as there was only one document of title to the land. In view of this, Pauzi told Doh that the said land should be transferred only into Pauzi’s name. Pauzi promised Doh that the land will soon be sub-divided into two lots with separate documents of title for each lot and one lot will be transferred to Doh. Doh believing what Pauzi had said, agreed that the land be transferred to Pauzi. The land was then transferred to Pauzi. Pauzi did not sub-divide the said land. Instead, he transferred the land to his wife, Aminah, for a consideration of RM2.00. Aminah did not know of the arrangement between Pauzi and Doh. After the transfer of the land, Aminah kept the issue document of title. Recently, Doh came to know of the transfer of the land to Aminah. When confronted by Doh, Pauzi told Doh that Doh had lost all his legal rights in respect of the land. Advise Doh on his legal position. (15 marks)
  • 8. 8 QUESTION 6 a) In a brief discussion try to explain the nature of the tenure systems as existed in the Federated and Unfederated Malay States before the introduction of the Torrens system towards the end of the 19th century. (7 marks) b) Explain, with reference to decided cases, the basic characteristics of the Torrens system of title by registration and its advantages over the Deeds system. (8 marks)