The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.
LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
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LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
Right to support of land in its natural state
Kerala Land Settlement act 2021 -m Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 9447464502. Service available all over Kerala
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
alrubaie3Hussain adel alrubaieJ. CareyEng 100 f Novembe.docxaryan532920
alrubaie3
Hussain adel alrubaie
J. Carey
Eng 100 f
November 25 2016
China and the Property Laws
Citizens in China cannot have private ownership of land but can acquire rights that will allow them to use the land for a specified period of time (Harris 94). As per now, citizens can obtain land use rights in urban areas for a maximum of seventy years. Once this time runs out, the land is repossessed by the state or the contract is renewed. Despite the fact that individuals cannot privately own the land, they can own the buildings raised on the land in what is called home ownership. This is basically a situation in which an individual privately owns a building or a home but he does not have the title or ownership of the land that his building is resting on. In simple terms, according to the property laws of China an individual cannot own land, it belongs to the state.
1. The Legal Framework
The Constitution
With respect to the constitution of China, private property is protected by the law. With respect to Article 13 of the constitution, the private property owned by citizens is protected. It is the right of the state to make sure that such property is protected. The constitution acknowledges that there are individuals who legally own private property and it is necessary for this property to be protected.
China makes use of a constitution that was adopted in 1982, and since then, it has undergone four major amendments; 1988, 1993, 1999, and 2004. Out of all the four amendments, it was the 2004 one that recognized private property and declared it as constitutional. This basically implies that before 2004, the constitution of China did not recognize the private land, all land was considered to be owned by the state. This amendment brought a sigh of relief to private land-owners because their property was legally recognized by the law and the constitution went ahead to provide legal protection for such property. Citizens were given the right to lawfully own land (Peter 153).
The Property Rights Law
The Property Rights Law was enacted in 2007 after legislative debates that spanned for more than one decade. The law was made effective from October 1 of the same year and basically contained details of property rights protection, this protection covered movable property as well as real estate. This law primarily focused on the establishment and transfers as well as other details that are related to property ownership rights. Similarly, the law addressed issues to do with the registration as well as delivery of property rights involving movable and real estate property.
Real Property in Urban Areas
These laws are concerned with real property in urban areas with respect to the rights that are related to land-use as well as ownership. Property in urban areas is very valuable and this creates a lot of demand for it. Without proper regulation, it would be difficult to manage such property.
2. Ownership of Land and Houses
Rights to use land
With respe ...
This presentation is from jamesadhikaram.com. James Joseph Adhikarathil, Managing Director and Chief Consultant of jamesadhikaram land matter consultancy which offers total solution to your land problems in Kerala, .James joseph Adhikarathil is Certified Trainer of both Government of India ,Certified trainer of Government of Kerala and former Deputy Collector Alappuzha. Visit us at www.jamesadhikaram.com or call mob 9447464502. Our Facebook pages - kerala laws on land , kerala land assignment , michabhoomi , pokkuvaravu , kerala resurvey , kerala land conservancy , kerala building tax , kerala certificates , thanneerthadaniyamam. our email jamesadhikaram@gmail.com
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Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
LAND LAW 1 slides rights and powers of the state authority 2014
1.
2.
There is and shall be vested solely in the
State Authority the entire property in –
All State land within the territories of the State;
All minerals and rock material within or upon any
land in the State …
4.
This case made a distinction between the
definition of the State Authority in the NLC and
the practical definition of State Authority.
Court:
“State authority under the Code is defined, the
purposes of the State of Selangor, as the Ruler.
For practical purposes, this means the Ruler
acting upon the recommendation of the Exco
of the state.”
5.
Section 5
"State land" means all land in the State (including
so much of the bed of any river, and of the
foreshore and bed of the sea…) other than (a)
alienated land; (b) reserved land; (c) mining land;
(d) any land … relating to forests”
6.
Section 51
(1)
(a) land above the shore-line; and
(b) foreshore and sea-bed.
(2)
Land above the shore-line shall be classified
as town land, village land and country land.
Section 5
"shore line" means the high-water mark of ordinary
spring tides;
"foreshore" means all that land lying between the
shore line and the low-water mark of ordinary spring
tides;
7. Section 49
Where the shoreline encroaches on alienated
land, the area affected by the encroachment
becomes State land.
However, the boundaries of the alienated land
are not affected by the retreat of the shoreline.
Re Sithambaran Chettiar
The retreated area belongs to the proprietor as
stated in the title.
8.
Section 40:
All State land and all minerals and rock
material on land vest solely in the State
Authority.
9.
Section 41:
State Authority has powers of disposal over
State land,
All minerals and rock material,
Reserved land,
Mining land
11.
Section 43
Natural persons other than minors
Corporations having power to hold land
Sovereigns, governments, organisations…
Bodies empowered to hold land under the law
Section 433B
Non-citizens and foreign companies may
acquire land only with approval of State
Authority
12.
Section 46
(1) Alienated land will revert to the State
under several circumstances.
(a) upon the expiry of the term
(b) upon the publication in the Gazette of forfeiture
for non-payment of rent or breach of condition;
(c) death of a proprietor without successors, and the
abandonment of title by proprietors; and
(d) upon the surrender of land by the proprietor
13. The law of adverse possession upholds the estates
in land of persons who have no formal ownership.
Adverse possession is ‘possession as of wrong’ but
long possession matures the wrong into a right.
As a result, if you occupy somebody’s land
without his permission, you are a “squatter” and
you remain so, no matter how long your illegal
occupation might have been.
14. The NLC does NOT recognise adverse
possession.
Against the State or against a private
landowner.
15.
Squatting on State land is a crime
Section 48:
“No title to State land shall be acquired by
possession, unlawful occupation or occupation under any
license for any period whatsoever”.
Therefore, unlawful occupation of State land even after a
longtime would not enable the occupier to obtain title to
the land.
Section 425:
Unlawful occupation of State land is an offence
16.
Squatting on private land:
Gives rise to the tort of trespass
Section 341
“Adverse possession for any length of time…shall not
constitute a bar to the bringing of any action for the
recovery thereof by the proprietor …”
Therefore landowner may bring an action against the
squatter at any time.
17.
Facts:
The appellants came to Perak and opened up a jungle area
in Kg Gajah. Other settlers also settled in the area.
The Government resettled some settlers to the land that
the appellants were occupying.
The appellants were given notice to vacate the land.
The appellants claimed that they were entitled in law and
equity to be in possession of the land that they pioneered
and occupied.
18.
Appellants’ grounds of support:
The DO had promised them 3 acres of padi land subject to
successful interviews.
Utusan Malaysia published an article stating that the State
Director of Lands and Mines promised each pioneer settler
5 acres of padi land.
Government of Perak:
The appellants had no cause of action in law or equity as
they were squatters.
19.
1.
2.
3.
Federal Court:
The appellants had no cause of action in law or equity as
they were squatters
Section 48 is against them
The only way to obtain State land is by way of NLC.
20. Yap Chong Lan
& Ors
Lesco Development
Corporation Sdn Bhd
The Collector
21. The collector had no power to bind the state authority in
making the commitment which had been made.
It was the state authority which had power to alienate land.
Therefore he took the view that the collector had no authority
to give the assurance that was given.
Section 48 prescribed that no title to state land shall be
acquired by possession, unlawful occupation or occupation
under any licence for any period whatsoever,
Section 78(3) provided that the alienation of state land shall
take effect on the registration of a register document of title.
And as Lesco Development Sdn Bhd had been alienated the
land, they were rightfully entitled to the ownership and the
consequential rights.
22.
The forefathers of the appellants and other unnamed
occupiers were pioneer settlers of the agricultural land in
dispute. The appellants alleged that between 1971 and 1976
they and the others made application to the state
authority for titles of the said land.
the Selangor State Executive Council had approved
the alienation of the said land to the appellants
Following the policy of the state government that only
genuine and landless farmers would be given the land,
only temporary occupation licences (‘TOL’) were granted to
the farmers, on the understanding that separate titles to the
land would be issued provided they continued
to cultivate the land and remained with landless status.
23.
The appellants contended that after the expiry of the TOL
period in 1984, since they and the other farmers had
satisfied the conditions imposed by the respondent they
have acquired legal right or expectation to be issued with
land titles.
The respondent however thought fit to hand over the
lands to the Federal Land Consolidation and Rehabilitation
Authority (FELCRA). The respondent on behalf of the state
government applied summarily under O 89 of the Rules of
the High Court 1980 for possession of the land without
even offering any compensation relating to the eviction of
the appellants and others from the land.
24.
For the purpose of the summary procedure under Order 89
of the Rules of the High Court, a distinction should be
made between squatters simpliciter who have no rights
whatsoever and occupiers with license of consent.
(Order 89 RHC:
Where a person claims possession of land which he
alleges is occupied solely by a person or persons (not
being a tenant or tenants holding over after the
termination of the tenancy) who entered into or
remained in occupation without his licence or consent or
that of any predecessor in title of his, the proceedings
may be brought by originating summons…)
25.
See also
Shaheen bte Abu Bakar v Perbadanan
Kemajuan Negeri Selangor [1998] 4 MLJ 233
Lebbey Sdn Bhd v Chong [1998] 5 MLJ 368
Kabra Holdings Sdn Bhd v Ahmad bin Sahlan
[1992] 2 CLJ 817
26. Ali inherits a piece of land from his late mother 5 years ago. At that time, Ali
was pursuing his accountancy degree at the International Islamic University.
Last month, Ali approached his elder sister, Mala and asked for the land title
of the lot of land which was allocated for him. Unfortunately, Mala told him
that there was no land title for the lot but Ali has nothing to worry about since
everybody in their family knows that the land is his.
In fact, the headman of the village, Pak Ngah also acknowledges their
‘ownership’ over the land since they have been working and occupying the
land for the last 18 years.
Last week, Ali went to the nearest land office and asked for a copy of the land
title for the said lot. He was informed by the land office staff that the state of
Selangor has frozen all land alienation application till after the general
election. Ali was confused and angry since his case is not about new
application but more about confirming and acknowledging his right over a
piece of land in which he and his family have put all the efforts to revive the
virgin land.
27. 1.
2.
3.
Advise Ali as regards to his rights and interests over the
land, if any. (5 marks)
Advise on Ali’s status on the land if he continues
occupying and working on the land without having any
title on the land. (5 marks)
Would your answer be different if Ali’s father had received
a letter from the District Officer stating that their
application for land alienation has been granted? (5
marks)