LAND 2 SEM I 0203


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LAND 2 SEM I 0203

  1. 1. END-OF-SEMESTER EXAMINATION SEMESTER I, 2002/2003 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 : 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. REFERENCES ALLOWED 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. APPROVED BY
  2. 2. 2 QUESTION 1 a) What is meant by security transaction? (5 Marks) 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.
  3. 3. 3 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. (10 Marks) QUESTION 2 a) Explain the functions of a caveat. (5 Marks) 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 Thousand Ringgit. 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.
  4. 4. 4 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. (10 Marks) QUESTION 3 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. (15 Marks)
  5. 5. 5 QUESTION 4 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 apartment? (Marks: 3 ½)
  6. 6. 6 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 developer? (Marks: 4 ½) QUESTION 5 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 State Authority. (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 Act 1960. (Marks: 7 ½)
  7. 7. 7 QUESTION 6 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. (Marks: 15)