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
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
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
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
UK property has become one of the highest yielding opportunities in the UK. With the fall of the sterling many investors take advantage of this occasion in investing on one of the most sort after locations of the UK
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
Easement Law presentation by Shawn Freeman.pdfMark991669
Easements are interests in land. Unlike fee simple ownership, they are nonpossessory. Rather, they allow the easement holder to use or control someone else’s land. Suppose Anna owns Blackacre, and Brad owns Whiteacre, which borders Blackacre. Anna would like to cross Whiteacre to reach Blackacre. She could ask Brad for permission to cross, but even if he says yes, permission can be revoked. Brad might also convey Whiteacre to a less welcoming owner. Anna may therefore wish to acquire a property interest that gives her an irrevocable right to cross over Whiteacre. If Brad conveys her this interest (by sale or grant), Anna now owns an easement of access, which is a right to enter and cross through someone’s land on the way to someplace else.
Terminology. Easements come in multiple flavors. The first distinction is between affirmative and negative easements. An affirmative easement lets the owner do something on (or affecting) the land of another, known as the servient estate (or servient tenement). The right is the benefit of the easement, and the obligation on the servient estate is its burden.
As noted above, a common affirmative easement is an easement of access (also known as an easement of way), which requires the owner of the servient estate to allow the easement holder to travel on the land to reach another location. In the example above, Anna has an affirmative easement to cross Whiteacre, the servient estate, to access Blackacre.1 A negative easement prohibits the owner of the servient estate from engaging in some action on the land. For example, if Anna has a solar panel on her property, she might acquire a solar easement from Brad that would prohibit the construction of any structures on Whiteacre that might block the sun from Anna’s panel on Blackacre.
Another distinction is between easements appurtenant and easements in gross. An easement appurtenant benefits another piece of land, the dominant estate. The owner of the dominant estate exercises the rights of the easement. If ownership of the dominant estate changes, the new owner exercises the powers of the easement; the prior owner retains no interest. So if Anna’s easement to cross Whiteacre to reach Blackacre is an easement appurtenant, Blackacre is the dominant estate. If she conveys Blackacre to Charlie, Charlie becomes the owner of the easement.
This work covers the University of London LLB Law program property law course. All the best in the exams.
https://opencasebook.org/casebooks/510-open-source-property/resources/8.1-a-what-is-an-easement/
Presented to Chapter 38 members of the International Right of Way Association (IRWA) outlining the eminent domain process, including which property rights are eligible for constitutional protection, who may exercise the power of eminent domain and what procedures must be followed. IRWA is considered the central authority for right of way education for professionals acquiring property rights for highway projects, pipelines, electric lines and other utilities.
Landlord Tenant Law: Eviction and the Judicial Processeglzfan
This is an article I wrote for a Continuing Legal Education seminar (i.e., lawyers teaching lawyers) on the Georgia dispossessory process, including trial and mediation of landlord-tenant cases.
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).
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
Observability Concepts EVERY Developer Should Know -- DeveloperWeek Europe.pdfPaige Cruz
Monitoring and observability aren’t traditionally found in software curriculums and many of us cobble this knowledge together from whatever vendor or ecosystem we were first introduced to and whatever is a part of your current company’s observability stack.
While the dev and ops silo continues to crumble….many organizations still relegate monitoring & observability as the purview of ops, infra and SRE teams. This is a mistake - achieving a highly observable system requires collaboration up and down the stack.
I, a former op, would like to extend an invitation to all application developers to join the observability party will share these foundational concepts to build on:
Builder.ai Founder Sachin Dev Duggal's Strategic Approach to Create an Innova...Ramesh Iyer
In today's fast-changing business world, Companies that adapt and embrace new ideas often need help to keep up with the competition. However, fostering a culture of innovation takes much work. It takes vision, leadership and willingness to take risks in the right proportion. Sachin Dev Duggal, co-founder of Builder.ai, has perfected the art of this balance, creating a company culture where creativity and growth are nurtured at each stage.
GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using Deplo...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
Welocme to ViralQR, your best QR code generator.ViralQR
Welcome to ViralQR, your best QR code generator available on the market!
At ViralQR, we design static and dynamic QR codes. Our mission is to make business operations easier and customer engagement more powerful through the use of QR technology. Be it a small-scale business or a huge enterprise, our easy-to-use platform provides multiple choices that can be tailored according to your company's branding and marketing strategies.
Our Vision
We are here to make the process of creating QR codes easy and smooth, thus enhancing customer interaction and making business more fluid. We very strongly believe in the ability of QR codes to change the world for businesses in their interaction with customers and are set on making that technology accessible and usable far and wide.
Our Achievements
Ever since its inception, we have successfully served many clients by offering QR codes in their marketing, service delivery, and collection of feedback across various industries. Our platform has been recognized for its ease of use and amazing features, which helped a business to make QR codes.
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At ViralQR, here is a comprehensive suite of services that caters to your very needs:
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Pricing and Packages
Additionally, there is a 14-day free offer to ViralQR, which is an exceptional opportunity for new users to take a feel of this platform. One can easily subscribe from there and experience the full dynamic of using QR codes. The subscription plans are not only meant for business; they are priced very flexibly so that literally every business could afford to benefit from our service.
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ViralQR will provide services for marketing, advertising, catering, retail, and the like. The QR codes can be posted on fliers, packaging, merchandise, and banners, as well as to substitute for cash and cards in a restaurant or coffee shop. With QR codes integrated into your business, improve customer engagement and streamline operations.
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Subscribers of ViralQR receive detailed analytics and tracking tools in light of having a view of the core values of QR code performance. Our analytics dashboard shows aggregate views and unique views, as well as detailed information about each impression, including time, device, browser, and estimated location by city and country.
So, thank you for choosing ViralQR; we have an offer of nothing but the best in terms of QR code services to meet business diversity!
Generative AI Deep Dive: Advancing from Proof of Concept to ProductionAggregage
Join Maher Hanafi, VP of Engineering at Betterworks, in this new session where he'll share a practical framework to transform Gen AI prototypes into impactful products! He'll delve into the complexities of data collection and management, model selection and optimization, and ensuring security, scalability, and responsible use.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
4. Concept:
Allah is the absolute owner of land
Man is trustee (khalifah)
Entrusted to utilise land to its best use
Private land ownership:
Recognised
Not absolute
Conditional: must utilise the land
5. Method of acquiring land:
Iqta‟
Ihya al Mawat
Issue: whether relevant in todays time,
whether can be implemented considering the
Write whatever you have written for your
assignment!
7. Historical background
Malay customary tenure
Influence of Islamic law
Characteristics
Cases: Shakh Latif, Sahrip v Mitchell, Tengku Jaafr
8. The coming of the British
Deeds system in the Straits Settlement
Characteristics of Deeds system
Torrens system in the Malay States
Characteristics of Torrens System
Other: Dutch system, Portuguese system
9. The National Land Code 1965
Applies to ALL states. Uniformed code.
Characteristics of Torrens System in the NLC.
Title by registration confers indefeasible title
Mirror principle
Curtain Principle
Cases:
Teh Bee, Creelman, Gibbs v Messer
10. Compare and contrast:
Land ownership in Islam & under Torrens
System
Theory & concept
Powers of disposal
Mode of acquiring land
Nature of private land ownership: not absolute
Deeds system & Torrens system
11. Constitutional issues
Whether provisions of NLC is ultra vires FC
Land is State Matter, Article, Item 2, 9th
Schedule – state list
Only State legislature may make laws under
State list
Hwr, A 76(4) allows Parliament to makelaws
under State List for the purpose of
UNIFORMITY.
Case; East Union
13. 2 main issues;
Whether the machine is part of land
Whether can apply to remove the machine
based on hire purchase agreement
14. 1) Whether the machine is part of
land
“Land” under S 5 NLC. Para (d).
Quic quid plantatur…
English law of fixtures is based on this maxim
So refer to English law…
15. English law of fixtures:
Laid down in Holland v Hodgson
2 test: Degree test & Purpose test (state the two tests)
to determine whether fixture or chattel.
Degree test is a rebuttable presumption
May be rebutted or strengthened by Purpose test
If the machine is a fixture, it is part of land and will go to the
new purchaser/chargee.
If it is a chattel, it is not part of land and will remain with the
chargor.
English law of fixtures is applied in Malaysia by
virtue of Goh Chong Hin.
16. 2) Whether X can apply to remove
the machine based on the hire
purchase agreement.
Depends on whether there is a retention of title
clause.
Explain your understanding of this clause.
If there is such a clause X may apply to
remove the machine from the land.
Cases: Wiggins, Sungei Way, MBF Finance
18. Your intro
Rights of landowner : everything up to the sky
and down to the centre of the earth. –Corbett v
Hill
However, it comes with restrictions
Rights are exclusive (can sue for trespass) but not
absolute (subject to restrictions)
Restrictions are found in S 44.
Subject to NLC
Other written law
Reasonably necessary
19. On right to airspace: whether X
may sue airplane for trespass
S 19(1) of the Civil Aviation Act 1969: may
not sue for trespass or nuisance only by reason
of the flight of an aircraft above her land
flying within a reasonable height.
Hwr, if causes material damage to the land,
may sue without having to prove negligence.
20. On right to underground land: whtr
can sue for trespass
Landowner has the right to sue for any
interference.
Trespass is actionable per se –Terra
Damansara:
No need to prove damage
Liability is strict
Actionable even if made under mistake, or if
he believed the land was unoccupied or
unalienated, or believed that the land was his
own.
21. On right to support: whether can
sue for withdrawal of support
Landowner has the right to support of his land
in its natural state.
“natural state”: unburdened with buildings and
unweakened by excavations.
22. Topic
Rights and powers of State
Authority
Disposal by alienation
Adverse possession
24. Power of SA. S 40 41 42
Power of disposal: 5 methods of disposal
What can be disposed?
Alienation: only State land
TOL: State land and reserved land and mining land
25. 7 matters to be considered for
alienation
Section 79 (2)
Area approved
Period of alienation
Form of Final Title
Rate to calculate rent
Premium
If not paid, approval will lapse. (However, look at Teh Bee case)
Category of land use
Express conditions and restrictions in interest
Effect of breach of condition: land is liable to be forfeited.
Effect of breach of restriction in interest: not fit for registration.
Even if registered will not get indefeasible title
26. Whether there is a breach of
condition
Whether there is a breach of express condition.
S120
Whether there is a breach of implied condition.
Look at the category of land use: agriculture, building
or industry.
Invoke the relevant provisions for the implied
conditions according to category of land use.
Finding:
Yes, there is a breach of condition (express or implied)
Effect: The land is liable to be forfeited.
Advise to vary the express condition and apply
for conversion for category of land use. S 124
27. Adverse possession
Whether the act of opening up the land grants him
the status of owner of the land?
SS 48, 425, 341
SS 40, 41, 42
Sidek, Yap Chong Lan
Whether State Authority is bound by the promise
made by DO/Land Office etc.
Only SA can dispose of land SS 40, 41, 42
Definition of SA: S 5, Lebby
Finding: Cannot bind SA
Yap Chong Lan, Sidek
28. Whether they are squatters simpliciter or
occupiers with title/ consent?
Order 89 Rules of High Court
If squatter simpliciter: can get summary order of
possession
If occupier with license/consent eg tenant holding
over: cannot apply O. 89.
Case: Bohari
29. TOL
1) Whether X has any interest in the
land/house. (In a transfer or tenancy)
Depends on whether there is an assignment of
his rights under the TOL.
S 68 prohibits the assignment of rights under
TOL.
Therefore, the question to be asked is whether
the transfer/tenancy constitutes an assignment
of rights under TOL.
30. Findings:
A transfer is an assignment of rights under
TOL, therefore contravenes S 68. X has no
legal interest in the land or anything built on
the land.
A tenancy does not constitute an assignment of
rights under TOL. Case.
However, if the transfer was made by someone
who is not the TOL holder, it may not
contravene S 68. Case.
31. Whether X has any interest in the land. (in the
case where he might have inherited the land)
S 68 no transmission upon death.
“A TOL is personal to the holder. It dies with
the holder”. – case.
Therefore, X does not have any interest in the
TOL land since he cannot inherit the land.
32. 2) Whether the State Authority can terminate
the TOL.
Look at Form 4A.
Para 5 of Form 4A and case Teh Bee:
SA can terminate TOL
At any time with compensation, or
upon breach any of condition without
compensation
33. Whether there is a breach of condition.
The conditions can be found in Form 4A.
On the purpose of the TOL, and
Para 4 – cannot plant permanent crops and permanent
structures.
Findings:
If X has built a permanent structure on TOL land.
There is a breach of condition, therefore SA may
terminate the TOL without paying compensation.
If there was no breach of condition. However, SA
may still terminate the TOL but by paying
compensation.
34. 3) Effect of termination/expiry.
Ex-TOL holder who remains in occupation of
the land will be a squatter on state land. (PP v
Yap Tai)
All buildings existing on the land upon
termination or expiry of the TOL will revert to
the State Authority without compensation, see
s.47 Papoo Veeriah
36. Terminology
Immediate indefeasibility
Deferred indefeasibility
Immediate purchaser/transferee
Subsequent purchaser/transferee
Defeasible / Liable to be set aside
37. Difference between immediate and
deferred indefeasibility
Immediate:
Immediate purchaser (in good faith) gets
indefeasibility notwithstanding the defective
instrument.
Registration cures the defect.
Deferred:
Indefeasibility is deferred to the subsequent
purchaser in good faith.
Immediate purchaser does not get protection (his
title is defeasible).
38. Issues in problem questions
A
B
C
Whether B‟s title is defeasible
Whether B can invoke protection under the
proviso to S 340(3)
Whether C‟s title is defeasible
Whether C can invoke protection under the
proviso to S 340(3)
39. Intro: S 340(1) title if registered will confer
indefeasible title. However there are
exceptions as laid down under S 340(2) and
(3)
Whether B‟s title is defeasible (liable to be set
aside)
Obtained by forgery. Is one of the exceptions
to indefeasibility under S 340(2). Therefore,
B‟s title is liable to be set aside.
40. Whether B can invoke the protection under the
proviso to S 340(3)
S 340(3) gives protection to a BFPV.
Therefore a BFPV will get an indefeasible title
notwithstanding the forgery. However, the
proviso applies only to subsequent purchasers.
Since B is an immediate purchaser, he is not
entitled to the protection. Thus, B‟s title is
defeasible.
41. Whether C‟s title is defeasible
C is a subsequent purchaser who obtained a
defeasible title from B.
According to S 340(3), he gets a defeasible title.
Whether C can invoke the protection under the
proviso to S 340(3)
As stated before, the proviso only applies to
subsequent purchasers. Since C is a subsequent
purchaser, he may get protection under the proviso.
Thus, as C is a BFPV he shall get an indefeasible title.
43. Public terminal
Discretion of LA: whether expedient and
necessary
Alternative: easement?
44. Discretion of the Land Administrator is to be exercised in deciding
to create a LAROW.
Whether it is expedient and necessary, balance of convenient test,
- s 390 (3) Thankam De Silva‟s case
Liew Peck Lian & Ors. v The Conservator of Forests (1961) MLJ
117
Si Rusa Inn Sdn. Bhd & Ors v CLR, Port Dickson [1978] 1 MLJ
147
Che Nik bt Bakar v PTD, Kuala Krai [1997] 5 MLJ 516
Vadivallu Palanisamy v M. Radha Krishnan [1996] 1 CLJ 224
Conclusion: There must be gravity and urgent necessity to create
the LAROW and it cannot be based on mere convenience.
45. Issue of compensation
The advantage of easement – registration (s
282- 288
The requirements for easement. Re
Ellenborough