The document discusses the legal framework surrounding private caveats under land law, outlining procedures for their entry, effects, and removal as governed by specific sections of the law. It highlights the criteria for caveatable interests, the rights of claimants, and exceptions where caveats do not apply, as well as the responsibilities of the registrar. Key cases are referenced to illustrate principles and procedures applicable to private caveats in land transactions.

1. PRIVATE CAVEAT
Land Law Part II

2. INTRODUCTION
Referred as general/personal caveat entered on
RDT by Registrar upon application.
Protecting the Status Quo - Damodaran v
Vasudeva
A Procedure to freeze the position of the
claimant until dispute settled - Miller v Minister of
Mines
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3. Effects of PC
Section 322(2) & (3)
Binding the said land / a particular interest in land.
Preventing dealings from happening including
certificate of sale on land.
Preventing LHC
Preventing endorsement of Tenancy exempt
granted by Registered proprietor.
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4. Exceptions
Section 322(5)(a)&(b) - PC shall not prohibit the Registration/
Endorsement of any instrument where:
Application for endorsement was made by person/body at whose
instance the caveat was entered;
Theres consent by caveator in writing to the registration of
instrument.
No instrument effecting the land can be registered while it is in force. Entry
of caveat does not make claim/right better/worse. - Macon Engineers S.B
PC does not have effect in altering the ownership of land. MErely functions
as notice of a claim/ priority of claim. No restriction as to the numbers of
caveats may be entered. Priority is according to the order of
endorsement. - Eng Mee Yong v Letchumanan
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5. Procedures - s.324
Filing Form 19B stating expressly whether caveat is
to bind land/ only a particular interest in land.
If to bind particular interest in land, caveator must
attach plan of the affected area.
Application be supported by Statutory affirmed by
caveator & the prescribed fees.
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6. Registrar’s Duties
Section 322(1)(a) - Upon application by person in s.323, a private
caveat may be entered. Purely administrative in capacity.
If the application all being fulfilled, Registrar may enter it;
Form 19B completed, executed & attested,
Accompanied by a Statutory Declaration made by caveator,
Prescribed fees payable to Land Office.
Endorsement be made by Registrar provided in s.324 by specifying
date & time of entry.
Registrar have no discretion to reject application if all requirements are
fulfilled - Nanyang Development S.B v How Swee Poh
S.324 - PC will take effect upon endorsement on the RDT.
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7. who can apply?
S. 323(1)(a)(b) & (c) : Has ‘caveatable interest’
• Person claiming title/registrable interest in
• Person claiming to be beneficially entitled under any trust
affecting land/interest
• Guardian/next friend claiming to be entitled under trust which
affects the land.
Must also be parties who are capable of affecting dealing with land/
interest with the land pursuant to:
• S.43 - Capacity of person who is allowed to deal w alienated land
• S.205(2) - Persons capable dealing with land
• S.433A - Provision is relevant to non-citizens
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8. Caveat cannot be retained & can be removed by the Registrar (s.326)/ by court
(s.327)
To be caveatable, claim must represent claim that can lead in making a
substantive entry on the register, either because;
• interest will become registrable/
• it is for equitable relief by way of specific performance enabling registration.
If claim not represent transaction potential of registration, then claim is not
caveatable.
A personal claim that is enforeceable upon the owner & not land cannot be
caveated.
• in personam interest - purely personal & cannot bind the land by court relief.
• in rem/in personam & ad rem interest binds land without the neet to resort
to the court assistance - Bachan Singh v Mahinder Kaur
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9. EM buxton & Anor v Packaging Specialists SB.
• Caveator agreed to but the caveated land but had defaulted which result in
forfeiture of deposit.
• Caveator refused to continue as 56% of the land was subject to land acquisition
notice.
• Caveator denied the right of vendor to forfeit the deposit & sought recovery.
• Propreitor wanted the caveat to be removed on grounds that the caveator has no
caveatable interest.
• Caveator claimed although his interest was unsecured debt, it had arisen out of a
land transactiion which should be caveatable.
• Cout held: Since the caveator does not claim under S.Perf it shows that he has no
interest in buying the land and thus cannot be said that his interest is capable of
being registered.
• Respondent caveator only has claim in personal against the applicant. Bcs caveat
is not a proper claim in protecting the claim as it is not capable of being
registered under Torrens System.
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10. S.323(1)(a) - Referring 2 distinct circumstances giving rise
to caveatable interets
• 1st Limb - ‘any person…alienated land’
• Involving situation where claimant has no unregistrable
interest. However has possibility in substantive entry that
is to be entered in the RDT.
• Unregistered but registrable interest
• 2nd Limb - ‘any right to such title/interest’
• Claimant has unregistrable interest.Claim in its present
form not capable of causing substantive entry in the RDT
• Unregistered & unregistrable Interest.
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11. Caveatable Interest - Exists if there’s right to title/registrable interest in land.
Holder of such right - acquire immediate right/ right which rise upon
completion of the registration of dealing.
Krishna Kumar v UMBC - Propreitor charged his land for funds however
defaulted. The 3p then agree to provide additional security, subject to
consent of 1st chargee. But consent was refused on basis that 2nd chargee
delayed in sending the docs to 1st chargee. 2nd chargee then caveated
land.
Goh Hee Sing v Will Raja & Anor - Held that no caveat can be entered on
basis that caveator did not have caveatable/registrable interests.
• since the permission from State Authority is important and it has not yet
been recive the purchaser has no valid contract and thus has no
registrable/ caveatable interest.
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1st Limb

12. Miller v Minister of Mines
• It is clear that a personal claim enforceable only
against the registered propreitor but not to the
land cannot be caveated.
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2nd Limb

13. s.323(1)(b) - If become beneficiary to the trust, then receive something
from the land, the person involved may enter into Private Caveat.
• Beneficiary must show existence of trust affecting the land & that
claimant is beneficially entitled
• If B, is a minor, the caveat may be entered by his guardian/next friend.
• Can be given by Registrar
• Can enter into Trust Caveat if require him to prevent dealings on the
trust property.
Khoo Teng Seong v Khoo Teng Peng - The executor wished to sell the land
to a company. Beneficiary wish to stop S&P as it was sold under the
market value. Court hedl that tehre is no beneficiary as the land was solely
given to B.
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C.I - Express trust

14. Caveating own land
Expressly provided to be available to persons
specified in S.323(1)
Generally : Registered propreitor is prohibited from
caveating his own land UNLESS can show existence of
an interest to that arising beyond his legal
propreitorship. ( A serious q to be tried)
2 Views ;
1. EU Finance Bhd
2. Hiap Yiak Trading SB & Ors v Hong Soon Seng SB
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15. eu finance bhd
Cannot seek caveat upon own’s land because;
• A Registered P is a person who relies on his status as a
registered p must necessarily be a person who already posses
title/interest in land.
• & not merely person claiming title/interest.
• Must be a matter of logic be excluded s.323(1)
• Registered P must establish some se of circumstances which
gives rise to a distinct interest in the land distinguishable from
which he holds as registered proprietor.
• Syarofah Mastura’s case - In order to sustain, the person involved
whill have to show that there’s a pendinf issue to be tried on.
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16. Hiap Yiak Trading SB
Contrary view as case decided before, where a
Registered P may caveat his own land provided that
he seek the discretion of the Registrar to enter into
RC.
Boonsom Boonyayit
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17. Question
Can specific portion of lanf be lodge w pc to protect his interest?
• Since the caveator has it’s own portion, he may be still caveat the
whole land.
• But must specify that the portion of the land is subjected to any
restrictions available.
N. Vangedasalam v Mahadevan & Anor - The appellant in this case had
claimed an interest in a portion in a piece of land and brought an
action for specific performance against the registered proprietor so
that the portion in question could be transferred to him. He had also
entered a caveat against the land. When the registered owner of the
land died, his personal representatives applied to the court to have the
caveat removed and the trial judge allowed the application.
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18. Question
Appeal - Held that a person claiming interest in specific portion of land may
caveat whole land. But must states expressly the the caveat is only to cover the
particular interest of the land.
Amendment s.322(1) - That cannot caveat the whole land. (After the amendment
but before the 2001 amendment)
Settled in Chor Phaik Har’s case - Even it is true that the claimant may not caveat
the whole land but the wording does not say anything about the validity of caveat
over whole land. Those effect is limited to protect claim to a registrable interest in
a portion/undivided share. And therefore, it can be caveat upon whole land.
• Amendment 1985 does not say about whole land and thus the whole land
can be bind.
• Amendment 2001 - Allows caveat whole land but must write/attach the plan
of land affected/
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19. Duration of PC
s.328(1) - Remain in force 6 years after that the
caveat lapse and cease to have effect.
If extend, application must be made within 6 years -
Goh Keng How v Raja Zainal Abidin bin Raja Hussin
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20. Removal of pcRemoval can be made before and after lifespan (6 years lapse)
If before, can be made removal by:
1. s.325 - Caveator (Form16G+reasons)
• Inform the Registered proprietor
2. 2.326 - Registrar
• Applicable to registered interests
• Apply to Registrar Form 19H But 19C given to the caveator.
• App be made before the registration of a dealing by caveator/party w consent
of caveator - S.322(5)
3. s.327 - Court
• Applicable for aggrieved party to apply to court
• Taken by person who has no standing under s.325 or under s.326
• Usually the one applied, has the BOP. However in this part, it differs from the
originality.
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21. Removal of pc
Unregistered Interest holder does not have the right to
apply removal of pc - Tan See Hock v Development &
Commercial Bank
Because he was not recognised under the Torrens
System.
Compensation be made to any person who suffers
damage/loss
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