SEMESTER I, 2002/2003 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
Reading Time : 2.30 p.m. – 2.45 p.m. Date : 24.10.2002
Duration : ( 15 minutes )
Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections
Duration ( 3 hours )
Course Title : Land Law II Course Code : LAW 3111
This Question Paper Consists of 7 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 (Act 65)
Malay Reservation Enactments 1913 & 1933
Land Acquisition Act 1960
Strata Titles Act 1985
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.
a) What is meant by security transaction?
b) Mr. Vinod, the Senior Banking officer with Just Equitable Bank Bhd. (“Bank”)
was approached by Messrs Simba & Co. a trading company to approve a short
term loan of Ringgit Malaysia Two Hundred Thousand only. Messrs Simba & Co.
is in urgent need of cash to pay the shipping company to unload the goods they
have ordered. They requested the Bank to release the loan amount within a week
from the date of application. The delay in the payment would result in the delay in
unloading the goods, which will cause Messrs Simba & Co. to suffer losses
amounting to Ringgit Malaysia Five Hundred Thousand.
Messrs Simba & Co. proposed to the Bank to release the loan amount upon them
depositing their Issue Document of Title rather than until after the registration of
the Legal Charge in the relevant land office.
Mr. Vinod was a little concerned about the release of the loan amount which is
only on the security of the deposit of the Issue Document of Title. He expressed
his concern to you as his panel solicitors and sought your opinion in releasing the
type of security the Bank can rely upon in this situation.
Advise Mr. Vinod on the procedures and requirements to create the types of
security transactions recognised by the National Land Code 1965. Support your
answer with decided cases.
a) Explain the functions of a caveat.
b) Pn. Hasmizah initiated divorce proceedings in the Syariah Court in Kuala Pusu
against her husband En.Khairulmizan on grounds of willful neglect and desertion.
She entered a private caveat on the property belonging to her husband En.
Khairulmizan which was obtained during the subsistence of their marriage but
registered in his ownership due to her trust on him. The property is charged to
Kuala Pusu Bank (“Bank”) to secure a loan of Ringgit Malaysia Three Hundred
En. Khairulmizan applied to remove the Private Caveat on the 10th
May 1997 by
writing to the Registrar of the Kuala Pusu Land Office. The Registrar in
compliance with the statutory requirement served a notice in Form 19C on Pn.
Hasmizah. However Pn. Hasmizah applied and obtained a Court’s order for an
extension of the Private Caveat.
The Bank upon receipt of the Notification in Form 19A applied to the Registrar to
remove the Private Caveat pursuant to the provisions of Section 326 of the
National Land Code 1965. However, the Bank’s application was rejected by the
Registrar. The Bank alleges that as a registered chargee they too have a right to
seek for removal of the caveat to the Registrar
Advise the parties as to their rights. Support your answer with decided cases.
Discuss the purpose of reserving land for the benefit of a particular community with
specific reference to the implementation and enforcement of the laws relating to Malay
Reservation Land in Peninsular Malaysian.
Support your answer with statutory provisions and decided cases.
Harris bought a new apartment in a newly developed condominium area in Kuala
Lumpur to be held under Strata Title. Shortly after he moved in, a water tank appeared to
be faulty to the extent that water would drip into his kitchen and at times would flood the
kitchen floor. Before it could be repaired, he also discovered that the roof leaked so badly
that water would seep into his apartment whenever it rains. In addition he also tried in
vain to get his title from the developer and thus could not charge his apartment to the
bank for a loan he urgently needs. Moreover he could not use his own allotted parking lot
for three weeks since some inconsiderate residents regularly park their vehicles blocking
the way leading to his parking lot. Frustrated as he was, he approaches you for
consultation on the following issues:
a) Who under the circumstances would incur the expenses of repairing the water
tank and the roof?
(Marks: 3 ½)
b) What are the functions and the powers of the Management Corporation and when
would the Management Corporation come into existence.
(Marks: 3 ½)
c) What is the nature of Harris’ right to have access to a private parking lot in the
(Marks: 3 ½)
d) What are the appending problems facing Harris in case he wanted to go ahead
with his arrangement in obtaining a loan before his title was obtained from the
(Marks: 4 ½)
a) Discuss, with reference to decided cases, how to determine the market value of a
land for the purpose of compensation payment after an acquisition process by the
(Marks: 7 ½)
b) Discuss, with reference to decided cases, the circumstances under which a citizen
could successfully attack acquisition of his property under the Land Acquisition
(Marks: 7 ½)
In 1999 the State Authority started proceedings to acquire a large track of land
comprising different categories owned by different parties. The different categories of
lands included, besides the alienated land owned by Halim, a Malay Reserve land owned
by Abdul and a TOL land held by Keliwon. In the declaration notice for acquisition the
State Authority did not mention the exact purpose but instead stated that the land was
intended for “residential, industrial and other public purposes.”
As a legal advisor of the Department of Lands you are approached by the Land
Administrator to prepare for him a legal memorandum stating the legal reasons to rely on
by him for effectuating the acquisition process against the parties. Support your memo
with reference to decided cases whenever possible.