LAND 1 SEM I 0708


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LAND 1 SEM I 0708

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2007/2008 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 : 3.11.2007 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. 2 QUESTION 1 (a) Who is the State Authority and explain briefly how the State Authority disposes state land. (3 marks) (b) Developer A intends to develop a piece of land in Shah Alam, Selangor. The development proposal has been approved by the local authority but the developer has a problem of evicting squatters who are occupying the land. These squatters contend that they have been occupying the land for more than 30 years i.e. before the land was alienated by the State Authority to Developer A. They also claimed that the Chief Minister of Selangor has promised that the land will be alienated to them. They further argued that there is an implied consent from the State Authority for them to occupy the land since all the basic amenities are available in the area. You are the property manager for Developer A. Advise your company as regards to the status of these squatters and their rights. (6 marks) (c) In Islam, any individual can obtain land through ihya-al-mawat. Explain the concept, principles and the possibility of implementing the principles under the present land system in Malaysia (6 marks)
  3. 3. 3 QUESTION 2 (a) Explain the differences between an Easement and the Land Administrator’s Right of Way. (6 marks) (b) Property Hotel has developed a block comprising of 15 storey service apartments in an area in Pantai Cahya which is just a few minutes walking distance from Pantai Puteri, Dungun. For security purposes, Property Hotel fenced its property and as a result, blocked the access to the waterfront facing its property from the adjacent lots. Members of the public lodged several complaints to the Management of the property stating that the fence has prevented access to the beach. Although there is another route to the beach but the route through the compound of Property Hotel is the shortest, safest and the most convenient access to the beach. Based on the above circumstances, if any member of the public wishes to apply for the creation of LAROW, do you think that it will be granted by the Land Administrator or Registrar? Give reasons for your answer. (9 marks)
  4. 4. 4 QUESTION 3 (a) What is meant by deferred indefeasibility as opposed to immediate indefeasibility? (6 marks) (b) David told you that someone has cheated his deceased mother of her house and he would like to seek your advice. According to David, when his mother was alive, five years ago, David was away, studying overseas. After his mother passed away, he came back to stay in her house. David was shocked when Mr. Lim came to the house and informed him that he (Mr. Lim) was the new owner of the house and that David had to leave. David conducted a search at the land office and discovered that indeed, the land where the house stood had been transferred from his mother to his cousin, John, and then to John’s wife, Jes. It seems that Jes had sold the house to Mr. Lim for a considerable sum of money. David believed that John had fraudulently misrepresented to his ailing mother that he (John) would become her trustee as she was old and sick. According to David, he remembered that his mother had in a telephone conversation, informed him that she had been asked by John to affix her thumbprint on a document which would make John her trustee and keep the house safe for her if anything happened to her. With reference to the provisions of the National Land Code 1965 and decided cases, advise David as to his chances of recovering his mother’s property. (9 marks)
  5. 5. 5 QUESTION 4 (a) What are the differences between a lease and a license? (6 marks) (b) Sky Way Properties Sdn. Bhd. entered into a lease agreement of an office lot in Mid Valley, Bangsar with Datuk L for a term of 10 years commencing from January 2000. The clauses of the agreement provide inter alia that the: i. tenant shall not assign, underlet or part with possession of the premises or any part thereof; ii. tenant shall not to use the premises (nor suffer or permit the same to be used) for any unlawful or immoral purposes; iii. tenant shall not make any alterations or additions to the premises. However, in January 2007 Datuk L later discovered that; i. Sky Way allowed Mr. Ho to keep his (Mr.Ho) pirated videos and cds in one of the rooms in the office; ii. Miss Suzie was occupying one of the rooms in the premise as a sub-tenant. It is believed that Miss Suzie was using this place for purpose of immoral activity but she pretended it to be a business offering foot reflexology treatment; iii. Sky Way had substantially renovated the front area of the premises.
  6. 6. 6 Sky Way Sdn. Bhd. had paid all the rents due accordingly but it seems that Datuk L is unhappy with the recent development to his property. Advise him as to the legal consequences of these events under the National Land Code 1965. (9 marks) QUESTION 5 (a) In January 2004, Pak Cik applied to the Selangor State Authority for the alienation of an acre of agricultural land in Gombak. In January 2005, Pak Cik was informed by the Gombak Land Office that the State had approved his application for an alienation period of 60 years. Although he was not satisfied with the duration granted by the State Authority, he paid the premium, quit rent, survey fees and other administrative charges as instructed by the Gombak Land Office in late April of the same year. However, even after almost a year, Pak Cik had not received any form of qualified title from the State Authority. Prior to the issuance of the qualified title in February 2006, Pak Cik sold the land to Mak Cik as he needed the money for his daughter’s wedding. When the Gombak Land Office knew about the transaction wanted to take action against Pak Cik. Discuss the possible legal issues arising from the above facts. (9 marks)
  7. 7. 7 (b) Section 79 (2) of the National Land Code 1965 provides matters the State Authority will determine upon approving alienation, which will include category of land use and condition. Explain the differences between the followings and give examples to illustrate: i. categories of land use and classification of land. ii. conditions and restrictions in interest. (6 marks) QUESTION 6 (a) In Kuala Pilah Negeri Sembilan, there are few hectares of undisposed state land along the main road. In December 2006, the Negeri Sembilan State Government had issued to Baba a Temporary Occupation Licence (T.O.L) in respect of one hectare of land. The T.O.L. was granted for a year with the condition that the land must not be used for any other purposes other than agriculture. After a few months, the State government granted T.O.L. to Ummi for the purposes of breeding organic poultry within the same land for a duration of one year. Due to the high market demand for the dragon fruits, Baba had built a storeroom to keep his fruits fresh before transporting it to buyers in Kuala Lumpur. His workers who were looking after his business, were staying in a wooden house built next to the storeroom. As the business expanded, he built a small stall adjoining the main road to sell the fruits directly to customers.
  8. 8. 8 Meanwhile, few of Ummi’s poultry species flew to Baba’s land and had damaged some of Baba’s dragon fruits. Since then according to Baba’s customer his dragon fruits have become less sweeter than before. Baba was upset with the situation. He insisted Ummi to fence her area to ensure her poultry will not go Baba’s land. Ummi refused to agree as she herself was not happy with Baba’s structures, which also blocked her view. Both of them seek your advice as the acting legal advisor to the State Government as to their rights and liabilities. (8 marks) (b) T.O.L. is often granted for different purposes to the same or two different persons and can be extended for a longer duration exceeding the duration specified in the National Land Code 1965. Discuss the above statement with reference to the provision of the National Land Code 1965. (7 marks)