SEMESTER I, 2006/2007 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
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.
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.
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
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
iii) Under what circumstances can land revert to the State Authority?
(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
ii) If a breach of condition has been committed, what action can be taken by the
iii) What Encik Shalan can do if his land has been forfeited by the State
(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.
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.
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
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.
i) If Muniandy passed away, can TOL land be transferred to Lela’s name, being
his wife and the sole heiress?
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?
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?
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?
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;
(ii) a stained glass lampshade, attached to the ceiling by a chain, which was given
to him by friends when he got married;
(iii) a fitted kitchen cabinet which Wong installed;
(iv) adjustable bookshelves which slot into strips of metal screwed into the wall;
(v) a fitted carpet which is on hire-purchase from Court Mammoth Sdn. Bhd.
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
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
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)
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
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.