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LAND LAW 1 Forfeiture 2014
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
Land law 1 tutorial 7 registration of dealings
This document contains 3 questions for a Land Law tutorial. Question 1 asks the student to (a) distinguish between Registry Title and Land Office Title, (b) distinguish between express conditions and restrictions in interest on a document of title and provide examples, and (c) explain what is meant by 'dealings capable of being effected' and how a dealing is taken to be 'registered' under the National Land Code 1965. Question 2 advises Ali on what to do after noticing errors on his land title document from the land office. Question 3 asks the student to discuss the role of the Registrar as laid down in the National Land Code 1956 by referring to a 1982 court case.
Land Law 1 slides LAROW
This document discusses Land Administrator's Right of Way (LAROW) in Malaysia. It defines LAROW as a right of way created by the Land Administrator over alienated land to provide access between any land and a public terminal, with or without the proprietor's concurrence. LAROW is a type of imposed right that runs with the land and binds successor titles. The document outlines the process for creating public and private LAROW, including applying to the Land Administrator, surveys, compensation, and conditions for extinguishing a LAROW. It also summarizes several court cases related to determining when a LAROW is considered "expedient" over alternative access routes.
LAND LAW 1 Dealings part 3 easements
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
Land law i tutorial 5
Kumpulan Talam owns 20 acres of agricultural land designated for palm oil planting. However, Talam wants to develop the land as a halal agricultural hub. Allan discovered that the land is occupied by 30 families who have been there for 30 years and claim to have permission from the land office. The occupiers argue Talam has no right to evict them as Talam failed to pay the land office premium on time. Allan seeks advice on how to proceed with Talam's plans and deal with the existing occupiers.
Land law 1 tutorial 4
This document outlines topics to be covered in a group presentation on land law, including ownership and possession, different types of legal interests, rights in rem and in personam, proprietary and non-proprietary rights, disposal and dealings with land, fixtures and chattels, and restrictions and conditions on interests. The group is also asked to present additional points prepared for the assignment.
Land law 1 tutorial 9 revision test question
This document outlines 7 topics for discussion relating to land law in Malaysia: 1) similarities between Malay customary tenure and Islamic land tenure, 2) reasons why equity principles are excluded from the Malaysian system, 3) situations where an Islamic state can acquire private land, 4) disadvantages of the deed system over the Torrens system, 5) differences between land ownership and possession, 6) categories of mawat (dead) land according to Imam al Shafie and clarified by other jurists, and 7) methods an Islamic state can use to dispose of land.
LAND LAW 1 tutorial questions DEFINITION OF LAND
This document contains 3 questions related to the definition of land and fixtures under Malaysian law.
Question 1 asks about why Malaysian courts should apply English law on fixtures when determining if something is a fixture or chattel. Question 2 asks about how the "damage factor" is applied under fixture law, referring to a relevant case. Question 3 presents a scenario where a bank claims a machine as a fixture, while the seller claims it as a chattel, and asks which party has priority based on the National Land Code and case law.
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LAND LAW 1 Forfeiture 2014
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
Land law 1 tutorial 7 registration of dealings
This document contains 3 questions for a Land Law tutorial. Question 1 asks the student to (a) distinguish between Registry Title and Land Office Title, (b) distinguish between express conditions and restrictions in interest on a document of title and provide examples, and (c) explain what is meant by 'dealings capable of being effected' and how a dealing is taken to be 'registered' under the National Land Code 1965. Question 2 advises Ali on what to do after noticing errors on his land title document from the land office. Question 3 asks the student to discuss the role of the Registrar as laid down in the National Land Code 1956 by referring to a 1982 court case.
Land Law 1 slides LAROW
This document discusses Land Administrator's Right of Way (LAROW) in Malaysia. It defines LAROW as a right of way created by the Land Administrator over alienated land to provide access between any land and a public terminal, with or without the proprietor's concurrence. LAROW is a type of imposed right that runs with the land and binds successor titles. The document outlines the process for creating public and private LAROW, including applying to the Land Administrator, surveys, compensation, and conditions for extinguishing a LAROW. It also summarizes several court cases related to determining when a LAROW is considered "expedient" over alternative access routes.
LAND LAW 1 Dealings part 3 easements
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
Land law i tutorial 5
Kumpulan Talam owns 20 acres of agricultural land designated for palm oil planting. However, Talam wants to develop the land as a halal agricultural hub. Allan discovered that the land is occupied by 30 families who have been there for 30 years and claim to have permission from the land office. The occupiers argue Talam has no right to evict them as Talam failed to pay the land office premium on time. Allan seeks advice on how to proceed with Talam's plans and deal with the existing occupiers.
Land law 1 tutorial 4
This document outlines topics to be covered in a group presentation on land law, including ownership and possession, different types of legal interests, rights in rem and in personam, proprietary and non-proprietary rights, disposal and dealings with land, fixtures and chattels, and restrictions and conditions on interests. The group is also asked to present additional points prepared for the assignment.
Land law 1 tutorial 9 revision test question
This document outlines 7 topics for discussion relating to land law in Malaysia: 1) similarities between Malay customary tenure and Islamic land tenure, 2) reasons why equity principles are excluded from the Malaysian system, 3) situations where an Islamic state can acquire private land, 4) disadvantages of the deed system over the Torrens system, 5) differences between land ownership and possession, 6) categories of mawat (dead) land according to Imam al Shafie and clarified by other jurists, and 7) methods an Islamic state can use to dispose of land.
LAND LAW 1 tutorial questions DEFINITION OF LAND
This document contains 3 questions related to the definition of land and fixtures under Malaysian law.
Question 1 asks about why Malaysian courts should apply English law on fixtures when determining if something is a fixture or chattel. Question 2 asks about how the "damage factor" is applied under fixture law, referring to a relevant case. Question 3 presents a scenario where a bank claims a machine as a fixture, while the seller claims it as a chattel, and asks which party has priority based on the National Land Code and case law.
LAND LAW 1 -- TUTORIAL QUESTIONS 1
This document contains 6 questions related to land law in Malaysia. Question 1 asks about the similarities between Malay customary tenure and Islamic land tenure. Question 2 asks about two characteristics of the Torrens system and supporting them with case law. Question 3 asks about two advantages of the Torrens system and two disadvantages of the Deeds system. Question 4 asks about the concept of trusteeship under Islamic land ownership with reference to religious authorities. Question 5 asks about the different land systems in Malaysia from the Malacca Sultanate until the National Land Code of 1965 and how the Torrens system reformed Malaysian land law. Question 6 asks about discussing a quote relating to the application of Islamic and local customary law on inheritance and wills before, during
LAND LAW 1 slides registration of dealings 2014
This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
Cases for Easement
The document summarizes several cases related to easements in Malaysian land law. In the first case, Alfred Templeton & Ors v Low Yat Holdings Sdn Bhd & Anor, the court granted equitable relief to the plaintiff and ordered an easement be registered based on promises made by the defendant during a land sale that led the plaintiff to believe they would have right of way access. In Datin Siti Hajar v Murugasu, the court ruled that long use of a road across the plaintiff's land did not constitute an easement since it was not expressly granted. And in EW Talalla v Ng Yee Fong & Anor and Tan Wee Choon v Ong Peck
LAND LAW 1 slides dealings part 1
The document discusses key provisions and definitions related to dealings and transfers of alienated land under Malaysia's National Land Code (NLC). It covers definitions of dealings, transfers, leases, tenancies exempt from registration (TER), and estate land. It also discusses requirements for instruments, registration, and consent needed for different types of transfers and leases. Case studies are presented to illustrate applications of the NLC provisions.
LAND LAW 1 Dealings part 2 leases and tenancies 2014
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
Mls tutorial test questions
This document outlines 7 questions about the Malaysian legal system for a tutorial presentation. The questions cover topics such as legal pluralism, the legal fiction used by colonial judges regarding Penang island, the effect of the Royal Charter of Justice on Muslim law in Penang, how the British residential and advisory systems led to the indirect reception of English law in Malay states, the formal reception of English law in Sarawak and Sabah, the division of legislative and executive powers between central and state governments, and the parliamentary procedure for passing an Act of Parliament.
Land law 1 tutorial 3 extent of enjoyment
Urus Jaya Sdn. Bhd. owns land in Damansara that it plans to develop. The neighboring land belongs to KL Holdings Sdn. Bhd. Urus' contractors installed ground anchors that encroached 14 feet onto KL's underground land. KL instructed lawyers to sue for trespass and obtain an injunction forcing removal of the anchors. Urus claims it thought the land was state land and the anchors would not damage KL's land.
To' Puan Nur owns a bungalow near Sultan Mahmud Airport. When she bought it in 1985, few flights used the airport. Since 2010, more planes fly over her home. In 2012, a light aircraft flew low, worrying her. She
Tenancy exempt from registration (txr)
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Land Law 1 slides REGISTRATION OF DEALINGS
This document provides an overview of the Torrens land registration system in Malaysia and the key principles of registration of dealings under this system. It discusses how registration is the cornerstone of the Torrens system and how it aims to overcome the defects of the previous deeds system. It outlines the types of dealings that can and cannot be registered, and explains the requirements and process for valid registration. Key topics covered include the duties of the registrar, effects of registration and unregistered dealings, and how errors are corrected in the register. The overall purpose is to explain how registration confers indefeasible title under the Torrens system.
Ll1 slides dealings part 2 leases and tenancies
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
Easement act
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
LAND LAW 1 slides rights and powers of the state authority 2014
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.
Land Law 1 THE NATIONAL LAND CODE 1965
The National Land Code 1965 (NLC) establishes the system of land administration and land law in Peninsular Malaysia. Key features of the NLC include:
1) Land is vested in the State Authority and administered through a system of land registration and titles;
2) The principle of indefeasibility of title where the register is conclusive evidence of ownership and interests can only be defeated in limited circumstances;
3) All dealings with land must be registered under the NLC to be recognized and take legal effect.
Dealings and registration
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
LAND LAW 1 INDEFEASIBILITY 2014
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Land law 1 alienation 2014
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
Definition of land (Updated October 2015)
This document discusses the legal definition of land and fixtures under English law. It provides:
1) The definition of land under the National Land Code of Malaysia, which includes things permanently attached to the earth or fastened to anything attached to the earth.
2) The English law of fixtures as established in Holland v. Hodgson, which sets out the degree of annexation test and purpose of annexation test to determine if an item is a fixture (part of the land) or a chattel (removable item). Both tests must be satisfied for an item to be considered a fixture.
3) Several cases that further develop these tests, such as focusing on the purpose of annexation (whether the
Administration of Justice 2015 (more organised)
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).
MALAYSIAN LEGAL SYSTEM Revision
The document discusses the legal system in Malaysia during British colonial rule and after independence. It covers topics such as the imposition of English law in the Straits Settlements and Malay states through various Royal Charters of Justice. Local customary laws and Islamic law were recognized in some cases but not others during this period. After independence, the legal system blended English law, Islamic law, customary laws, and legislation. The hierarchy of courts and their jurisdictions are also outlined.
MALAYSIAN LEGAL SYSTEM Sources of law - administration of islamic law in mal...
This document discusses the jurisdiction of Syariah courts in Malaysia. It outlines that Syariah courts have exclusive jurisdiction over matters pertaining to Islamic law for Muslims, as conferred by state enactments. It also discusses a key case that established that matters of apostasy (conversion out of Islam) fall under the implicit jurisdiction of Syariah courts, even if not explicitly stated in enactments.
MALAYSIAN LEGAL SYSTEM Legal profession
The document discusses alternative dispute resolution (ADR) mechanisms in Malaysia. It notes that ADR typically includes negotiation, conciliation, mediation, and arbitration, providing alternatives to formal legal proceedings. Conciliation and mediation involve a neutral third party assisting parties to reach a voluntary settlement, without imposing a resolution. Arbitration involves parties agreeing to have a dispute settled by an arbitrator's decision. ADR can resolve disputes more quickly and cost-effectively than courts, while maintaining privacy and flexibility.
MALAYSIAN LEGAL SYSTEM Administration of justice PART 1 (LATEST)
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
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LAND LAW 1 -- TUTORIAL QUESTIONS 1
This document contains 6 questions related to land law in Malaysia. Question 1 asks about the similarities between Malay customary tenure and Islamic land tenure. Question 2 asks about two characteristics of the Torrens system and supporting them with case law. Question 3 asks about two advantages of the Torrens system and two disadvantages of the Deeds system. Question 4 asks about the concept of trusteeship under Islamic land ownership with reference to religious authorities. Question 5 asks about the different land systems in Malaysia from the Malacca Sultanate until the National Land Code of 1965 and how the Torrens system reformed Malaysian land law. Question 6 asks about discussing a quote relating to the application of Islamic and local customary law on inheritance and wills before, during
LAND LAW 1 slides registration of dealings 2014
This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
Cases for Easement
The document summarizes several cases related to easements in Malaysian land law. In the first case, Alfred Templeton & Ors v Low Yat Holdings Sdn Bhd & Anor, the court granted equitable relief to the plaintiff and ordered an easement be registered based on promises made by the defendant during a land sale that led the plaintiff to believe they would have right of way access. In Datin Siti Hajar v Murugasu, the court ruled that long use of a road across the plaintiff's land did not constitute an easement since it was not expressly granted. And in EW Talalla v Ng Yee Fong & Anor and Tan Wee Choon v Ong Peck
LAND LAW 1 slides dealings part 1
The document discusses key provisions and definitions related to dealings and transfers of alienated land under Malaysia's National Land Code (NLC). It covers definitions of dealings, transfers, leases, tenancies exempt from registration (TER), and estate land. It also discusses requirements for instruments, registration, and consent needed for different types of transfers and leases. Case studies are presented to illustrate applications of the NLC provisions.
LAND LAW 1 Dealings part 2 leases and tenancies 2014
The key differences between Borhan's dealings with Mesra and Haris are:
1. The lease with Mesra is for 5 years and is registered, making it a formal lease agreement under the National Land Code.
2. The agreement with Haris is for 2 years with an option to renew for 1 more year, making it a tenancy exempt from registration under the Code since the term does not exceed 3 years.
3. As a lease, Mesra has security of tenure and its rights will be protected against subsequent dealings. As a tenancy, Haris' rights may not be protected against a new purchaser unless the tenancy is endorsed on the title.
Mls tutorial test questions
This document outlines 7 questions about the Malaysian legal system for a tutorial presentation. The questions cover topics such as legal pluralism, the legal fiction used by colonial judges regarding Penang island, the effect of the Royal Charter of Justice on Muslim law in Penang, how the British residential and advisory systems led to the indirect reception of English law in Malay states, the formal reception of English law in Sarawak and Sabah, the division of legislative and executive powers between central and state governments, and the parliamentary procedure for passing an Act of Parliament.
Land law 1 tutorial 3 extent of enjoyment
Urus Jaya Sdn. Bhd. owns land in Damansara that it plans to develop. The neighboring land belongs to KL Holdings Sdn. Bhd. Urus' contractors installed ground anchors that encroached 14 feet onto KL's underground land. KL instructed lawyers to sue for trespass and obtain an injunction forcing removal of the anchors. Urus claims it thought the land was state land and the anchors would not damage KL's land.
To' Puan Nur owns a bungalow near Sultan Mahmud Airport. When she bought it in 1985, few flights used the airport. Since 2010, more planes fly over her home. In 2012, a light aircraft flew low, worrying her. She
Tenancy exempt from registration (txr)
The document discusses tenancy exempt from registration (TXR) under Section 213(1) of the National Land Code. TXR refers to a letting of land for a period not exceeding 3 years that is not required to be registered. The document outlines different types of TXR and how a tenant can protect their interest in a TXR by endorsing it on the land title register before the landlord transfers the land. Failure to endorse means the tenant's interest is not binding on future owners.
Land Law 1 slides REGISTRATION OF DEALINGS
This document provides an overview of the Torrens land registration system in Malaysia and the key principles of registration of dealings under this system. It discusses how registration is the cornerstone of the Torrens system and how it aims to overcome the defects of the previous deeds system. It outlines the types of dealings that can and cannot be registered, and explains the requirements and process for valid registration. Key topics covered include the duties of the registrar, effects of registration and unregistered dealings, and how errors are corrected in the register. The overall purpose is to explain how registration confers indefeasible title under the Torrens system.
Ll1 slides dealings part 2 leases and tenancies
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
Easement act
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
LAND LAW 1 slides rights and powers of the state authority 2014
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.
Land Law 1 THE NATIONAL LAND CODE 1965
The National Land Code 1965 (NLC) establishes the system of land administration and land law in Peninsular Malaysia. Key features of the NLC include:
1) Land is vested in the State Authority and administered through a system of land registration and titles;
2) The principle of indefeasibility of title where the register is conclusive evidence of ownership and interests can only be defeated in limited circumstances;
3) All dealings with land must be registered under the NLC to be recognized and take legal effect.
Dealings and registration
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
LAND LAW 1 INDEFEASIBILITY 2014
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Land law 1 alienation 2014
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
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LAND LAW 1 Dealings part 2 leases and tenancies 2014
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LAND LAW 1 slides rights and powers of the state authority 2014
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Definition of land (Updated October 2015)
This document discusses the legal definition of land and fixtures under English law. It provides:
1) The definition of land under the National Land Code of Malaysia, which includes things permanently attached to the earth or fastened to anything attached to the earth.
2) The English law of fixtures as established in Holland v. Hodgson, which sets out the degree of annexation test and purpose of annexation test to determine if an item is a fixture (part of the land) or a chattel (removable item). Both tests must be satisfied for an item to be considered a fixture.
3) Several cases that further develop these tests, such as focusing on the purpose of annexation (whether the
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The document discusses the legal system in Malaysia during British colonial rule and after independence. It covers topics such as the imposition of English law in the Straits Settlements and Malay states through various Royal Charters of Justice. Local customary laws and Islamic law were recognized in some cases but not others during this period. After independence, the legal system blended English law, Islamic law, customary laws, and legislation. The hierarchy of courts and their jurisdictions are also outlined.
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The document discusses alternative dispute resolution (ADR) mechanisms in Malaysia. It notes that ADR typically includes negotiation, conciliation, mediation, and arbitration, providing alternatives to formal legal proceedings. Conciliation and mediation involve a neutral third party assisting parties to reach a voluntary settlement, without imposing a resolution. Arbitration involves parties agreeing to have a dispute settled by an arbitrator's decision. ADR can resolve disputes more quickly and cost-effectively than courts, while maintaining privacy and flexibility.
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MALAYSIAN LEGAL SYSTEM Administration of justice part 3 specialised c ourts
The document discusses laws related to children and young offenders in Malaysia. It notes that the Child Act 2001 established Courts for Children to deal with criminal offenses committed by children. These courts have jurisdiction over all offenses except those punishable by death. The document also discusses cases related to the constitutionality of sentencing powers under the Child Act and principles for protecting the privacy of children in court proceedings.
MALAYSIAN LEGAL SYSTEM Administration of justice part 2
The document outlines the jurisdiction and sentencing powers of various Malaysian courts. It explains that first class magistrates try offences with maximum 10 years imprisonment or fine-only offences. Sessions courts try all offences except those punishable by death. The high court, court of appeal and federal court have broad jurisdiction over criminal cases, with higher courts able to substitute sentences passed in lower courts. Shariah courts have jurisdiction over Muslims in matters of Islamic law.
MALAYSIAN LEGAL SYSTEM tutorial 9 customary law
The document discusses customary law in Malaysia. It presents three questions about how the Law Reform Act of 1976 changed customary law for non-Muslim marriages and divorces. It asks about the extent to which Malay and Aboriginal customary laws are applied in courts today and whether they remain relevant sources of law. The final question examines how important native customary law is as a source of law in the states of Sabah and Sarawak.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdiction
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 cla
The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides:
1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others.
2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions.
3) However, Section 5 does not allow for the reception of English land law in Malaysia.
LAND LAW 1 INDEFEASIBILITY PART 2 2014
This document discusses various ways in which a registered title under the National Land Code of Malaysia can be defeated, including:
1. Fraud/fraudulent misrepresentation, registration obtained by forgery, or registration obtained by an insufficient or void instrument.
2. To prove fraud, one must show actual fraud, that the registered proprietor was party to the fraud, and intent to deceive.
3. Forgery relates to the instrument of transfer itself and focuses on whether the instrument was valid, rather than the actions of the parties. If the instrument was forged or otherwise defective, the registered title may be defeated.
MALAYSIAN LEGAL SYSTEM Sources of law english law
This document discusses the sources of law in Malaysia, specifically addressing the Civil Law Act 1956. It contains the following key points:
1. The Civil Law Act 1956 adopted the common law of England and rules of equity as they existed on specific cutoff dates for each state - April 7, 1956 for Peninsular Malaysia, December 1, 1951 for Sabah, and December 12, 1949 for Sarawak.
2. The Act allows Malaysian courts to apply English common law and equity to fill gaps in Malaysian law, subject to the proviso that they must be applied only as local circumstances permit.
3. Subsequent developments in English law after the cutoff dates are not binding on Malaysian courts but may be persuasive if
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The document discusses the special privileges accorded to Malays and natives in Sabah and Sarawak according to the Malaysian constitution. It notes that the Cobbold Commission report prior to the formation of Malaysia recommended extending Malay special privileges to the natives of Sabah and Sarawak. The constitution safeguards the special position of Malays and natives in public services, education, licenses, and more. It also defines natives in relation to Sabah and Sarawak, listing indigenous races. Native customary law, including Malay adat, applies in the native courts that hear cases involving natives.
MALAYSIAN LEGAL SYSTEM Sources of law customary law
This document discusses customary law in Malaysia. It begins by defining customary law and its sources and characteristics. It then examines different types of customary law recognized in Malaysia, including Malay adat, Chinese customary law, Hindu law, and native law. It provides examples of customary practices and cases that illustrate how the courts have applied different customary laws. These include matters of marriage, divorce, inheritance, and property rights. The document also discusses the constitutional protection of customary law and its interaction with legislation like the Law Reform (Marriage and Divorce) Act 1976.
LAND LAW 1 Forfeiture 2014
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
Land law 1 alienation 2014
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
MALAYSIAN LEGAL SYSTEM Sources of law customary law
The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses how the courts have recognized Chinese and Hindu customary laws in areas like family law and inheritance. The document outlines key cases that have helped shape understanding of customary laws in Malaysia.
Sources of law customary law
The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses cases where the courts recognized Chinese and Hindu customary laws, especially regarding family and inheritance matters. The document outlines the historical migration patterns of Chinese and Indians to Malaysia and the limited recognition of their customary laws by courts.
MALAYSIAN LEGAL SYSTEM Sources of law -- customary law
The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses cases that have recognized these customary laws and addressed issues related to marriage, divorce, inheritance, and land ownership according to different ethnic customary legal traditions in Malaysia.
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
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1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
2开始安排制作毕业证成绩单电子图；
3毕业证成绩单电子版做好以后发送给您确认；
4毕业证成绩单电子版您确认信息无误之后安排制作成品；
5成品做好拍照或者视频给您确认；
6快递给客户（国内顺丰国外DHLUPS等快读邮寄）
— — — — 我们是挂科和未毕业同学们的福音我们是实体公司精益求精的工艺！ — — — -
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一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
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◇申请留学生创业基金
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1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
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【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
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◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Land law 1 tutorial 6 larow
- 1. LAND LAW 1 TUTORIAL 6 QUESTION 1 Amran inherits a piece of land from his late father. Two lots away to the south, there is a very beautiful beach and picnic spot surrounded by rhu trees, unfortunately, there is no direct access from Amran’s land to reach the beach. The existing access to the beach takes anout 15 minutes away from his house and the road is swampy and prone to flood especially during monsoon season. Amran wants to apply for Land Administrator’s right of way from the district land office in Muar. Advise the Land Administrator whether it is expedient to create a LAROW. Discuss your answer with reference to relevant statutory provisions and decided cases. (15 marks) QUESTION 2 Kemala needs access to get to her land as the old road was badly damaged by a landslide. She now needs to travel 10 km per day to reach her office. Using the old road, she only needed to travel 500 meters. Kemala approaches her neighbour Kumar, but Kumar refuses to allow access through his land unless Kemala agrees to pay him a certain amount of money based on the current value of the land. Kemala decided to apply for LAROW but she was told by her son, Adil, a law student, that the Land Administrator is normally reluctant to entertain such an application if ther is an alternative route. Kemala is unsure whether it is better to pay the small amount fo money to Kumar and be assured of the access, or to submit an application for a LAROW and pray for the best. Advise Kemala. (15 marks)