law504

2.  Land in Malaysia is vested in the Ruler or
governor of the state. List II in the 9th Schedule
to the Federal Constitution states that land is
state matter
 Sec. 40 of NLC
a. All state land within its territories vested in the
SA
b. Including all minerals and rock material within
or upon the land.

3.  “State Authority”(SA) means the Ruler or
Governor of the State as the case maybe.
 State means any state to which the Act applies
(Pen. Malaysia)
 Sec. 5 – ruler of governor of the state.
 Penang & Malacca – Governor
 Other States – Sultan
 Federal Territory – Federal Government

4.  All land within its territories
 It does not include:-
 Alinated land
 Reserved land
 Mining land
 Forest land

5.  Sec. 5 NLC defines “State Land “ to mean all
land within the boundary of the State
excluding:
(a) alienated land – land already alienated
by the SA to private person or body for
agriculture, building or industry (but not
mining)
(b) reserved land – land reserved for future use
and for public purpose e.g schools, parks,
highways etc.

6. (c) mining land – alienated under the
Mining Law (not the NLC)
(d) Any land which under the provision of any
law relating to forest is for the time being
reserved forest – Forestry Act 1984

7. Sec. 41 NLC provides that SA have:
(a) All the powers to dispose of all property
vested in it, reserved land and mining land as
stated in sec. 42; and
(b) All rights in Sec. 46 ( rights in reversion)

8.  Sidek bin Hj Mohammed (1982)
it was held that the acts of the State Director of
land mines and the Collector of land rrevenue
in giving permission to the settlers to occupy
the state land did not bind the SA

9.  Kabra Holdings (1992)
it was held that the promise made by the
Menteri Besar in allowing the occupiers
occupying the state land did not bind the SA.

10. As the absolute owner of State land, the SA has
wide powers of disposal under Sec. 42(1) of
NLC, there are:
(a) to alienate State land;(by giving away a
right) of state land for a term not exceeding 99
years or in perpetuity(forever). However since
March 1985, alienation of land in perpetuity is
no more granted except for cases referred in
Sec 76(aa)

11. (b) to reserve State land and to grant leases of
reserved land; ( for a period not exceeding 21
years;
(c) to issue license to occupy State land, reserved
land and mining land under temporary
occupation licenses (TOL)

12. (d) To permit the extraction and removal of rock
material from any land other than reserved
forest;
(e) To permit the use of air space on or above
State land and reserved land.

13. (a) Dispose of any land for mining except by
obtaining mining lease granted by mining law;
(b) Permit the extraction/removal of rock material
from any land for obtaining metal or mineral;
(c) Dispose of any land for removing forest
product from the land except by obtaining
forest license granted under Forestry Act;
(d) Dispose agricultural land to more than one
person where area is less than two-fifth of a
hectare (co-proprietorship for agricultural land
of that size is prohibited)

14.  Sec. 43 NLC – The SA can alienate land in favour of
any of the following persons and bodies:-
(a) Natural persons other than minors;
(b) Corporations having power under their constitutions
to hold land;
(c) Sovereigns, government, organizations and other
persons authorized to hold land under the Diplomatic
and Consular Privileges Ordinance 1957; and
(d) Bodies expressly empowered to hold land any other
written law.

15.  A natural person – not a bankcrupt, of sound
mind
 A minor- ?
 Tan Hee Juan
 The registration of 2 documents of transfer
executed by a minor was held to be void.

16.  Sec 46(1) – alienated land
a. When the term specified in the tile expired
b. Upon publication in the gazzette…
c. When the proprietor is dead without successor
– sec. 351 , when title is abandon – sec 352
d. When propritor surrender the title to the SA

17.  For lease, license and permit
 Upon expire of such lease, permit or license
 Upon death of the holder
 Dissolution of co.

18.  Sec. 47
 Vest in the SA
 No compensation available.

19.  A person cannot acquire title to State land
unless by way of alienation.
 Unlawful occupation on State land or under
any license for any period what soever is not a
guarantee for a title.
 Case: Sidek Hj. Mohd v. govt of Perak

20.  If sea or river encroaches to alienated land, the
area affected shall revert to SA
 If retreat of the shoreline or bed of any river,
the boundaries of the land remain the same
(not affected).

21.  In any lease of reserved land, license or permit
if the provision causes hardship to the holder;
 To extend the time specified in the lease,
license or permit.

22.  Right to use and possess
 To get benefit
 To get advantages
 Natural rights
 To get the best out of it

23.  To exercise the right that was given to us as
land owner , licensee or lessee
 To get benefit out of the land e.g cultivation,
develop it, deal with it, convey it, rent it, make
capital out of it etc.

24.  Not absolute (it is qualified)
 There are 4 limitations (Sec. 44 NLC)
1. Conditions or restrictions imposed by the NLC
2. Limitations imposed by other laws
3. Enjoyment must be reasonable
4. It is necessary for you to enjoy it

25. TYPES OF RIGHTS
PARAMOUNT RIGHTS
(SECTION 44)
SUBSIDIARY RIGHTS
(SECTIONS 45)

26. 1. Proprietor of alienated land
2. Lessee of reserved land
3. Licensee of State land, reserved land and
mining land

27.  Right to enjoy the column of the air space
 Right to support from the adjoining land
 Right to access

28.  To extract, move or use rock material
 To fell, clear, destroy, remove forest produce
 To extract any metal or mineral

29.  Explains the paramount rights provided by the
Torrens System which includes:
(a) Exclusive use and enjoyment of column of air
space above the surface of land as reasonably
necessary to the lawful use and enjoyment of
the land;
(b) The right to support of the land in its natural
state by adjoining land;
(c) Right of access to foreshore, river or public
place

30.  The right comes together with the land
example:
 Right to air/air space/light
 Right to support
 Right to access
(based on the Common Law priciples)

31. The right derives from agreement between
parties example:
 right to access
 easement

32.  NATURAL RIGHTS – SECTION 44(1)
(a) Exclusive use and enjoyment of column of
air space above the surface of land as
reasonably necessary to the lawful use and
enjoyment of the land;

33.  Common law principle
“Whose is the soil, his is also that which is above
below it “
(cujus est solum ejus set usque ad coelum et ad
infros)
Case: CORBERT v. HILL
“At common law, the owner of the land is the
owner of everything up to the sky and down to
the centre of the earth”

34.  Reasonably necessary
 Lawful use and enjoyment
 Practical limits imposed to utilize the right
 Exclusive but not absolute
 Limited by Sec 19 Civil Aviation Act 1969

35.  The right to support of the land in its natural
state by adjoining land;
RIGHT TO SUPPORT
adopt from the common law principle that a
remedy is available to someone whose rights
have been violated
negative right – something should not be done
on your own land or property that might
endanger the land or property of others

36. a. The land at the lower must support the land
above it.
b. It must be adjoining to each other
c. The land must be in its natural state
d. No additional strength is to be given beyond
what is on the land

37. 1. To safeguard the right of owners from being
interfered with, that someone is not allowed to
do what he pleases.
2. The concept of law itself is working towards
justice. It would be unjust if rich land owner
does something on his land that will affect his
neighbours, that leaves him without remedy
3. Neighbour principle – that man should live in
peace and harmony with one another, that
something should not be done if it is going to
hurt someone.

38. What is “NATURAL STATE”?
Common Law Principle
 Every piece of land has an absolute right of
support from adjoining land and the land must
be in its natural state i.e. land unburdened with
building and unweakened by excavations,

39. MADAM CHAH SIAM V. CHOP CHOY KONG
KONGSI
 …the right to support applies to the land in its
 natural state and the right does not become a
 greater right when buildings are situated or
 excavations are made on the land…

40. GUAN SOON TIN MINING CO. V. AMPANG
ESTATE LTD
 …if the subsidence of the land was caused by
the
 Additional weight imposed by such building
or
 Structure on the land, then there’s n o
withdrawal
 Of support by the adjacent land…

41.  Right of access to foreshore , river or public
place
RIGHT TO ACCESS
 a right acquired through contract between
parties
 to pass and re-pass over someone’s land or as a
natural right.

42. 1. Without the right, the owner of a piece of land
has no access cannot go to his land the land
creates the right out of necessity for him to
enjoy his land and him to utilize his land.
2. It is only a privileged over somebody else’s
land. No right to extract anything.
3. Without access there is bound to trespass

43. a. As a natural right – sec. 44(1)(c) if the alienated
land abuts the foreshore or any river or public
place the owner has a right of access
b. As an acquired right (easement- sec. 282) e.g A
agreed to allow B to have the right of foot-way
and without vehicles on A’s land.
c. As an imposed right – by the State authority
(LAROW – sec. 388)