Restrain on Dealings under Land Law part II syllabus. Types of restraint involving in dealings. Containing Lis pendens,

1. RESTRAINT ON DEALINGS
LAND LAW II

2. DEFINITION - RESTRAINT ON DEALINGS
KEYWORD - PREVENTING
▸ Prevent dealings in the respective land from being carried
out/registered at the land office.
▸ To protect the interest of the unregistered proprietor
pending the finalisation of registration/settlement of
disputing claims in court.
▸ Preserving the status quo of the respective parties.

3. TYPES - RESTRAINT ON DEALINGS
KEYWORD - 2 TYPES
Types - 1. Caveat 2. Prohibitory Order
‣ Available in the NLC.
‣ However, there are other types which is not listed in the
NLC and must be applied to court .
Types - 1. Lis Pendens 2. Injunctions
‣ Not registered in the D.O.T.

4. LIS PENDENS
KEYWORD - PENDING LITIGATION
‣ A Latin term - Pending a suit.
‣ Written notice given to owner of land that a lawsuit has been filled
concerning the title/ interest to the property.
‣ Freezes the immovable property as long as the litigation has not decided yet
by the courts/still pending.
‣ Lis pendens granted based on S.25(2) & Para 6 Schedule 1 of CJA.
‣ So as long as the title was being litigated, parties involved are not incapable
to alienate the land.
‣ If so, amounting to defeasible of title/ frustration on the judgment - T
Damodaran v Choe Kuan Him
‣ Bellamy v Sabine - The land being transferred even there’s a dispute still
pending will only obtain defeasible title.
‣ Since it is not listed under NLC, Registrar/under any order from court - not
required to give effect to an obtain of Lis Pendens @ Section 417 NLC

5. INJUNCTION
KEYWORD -
‣ To preserve the status quo of parties pending the settlement.
‣ Governed under Section 50 of SRA.
‣ Available to caveator & even caveat is removed, injunction may be
available to the caveator - Tan Lay Soon v Kam Mah Theathre S.B
‣ Cannot be lodged/endorsed in the DOT.
‣ Heng Bak Teong & Anor v Ng Ah Seng & Anor, Injunction is a
preventive relief and only granted at the discretion of the court.
Thus, Registrar should not register it as a prohibitory order on the
DOT.
‣ Since the SRA not provide the injunction to be endorsed in the
DOT, thus it does not accord a statutory protection of the
purchaser’s interest.

6. CAVEATS
‣ Protects a claim to an existing unregistered but has a registrable title in land until the
conflict resolved.
‣ Has the effect of preserving the status quo & suspends any dealings until the matter is
over.
‣ Does not enhance the caveator’s interest/claim to an interest of land.
‣ Woon Kim Poh v Sa’amah bte Hj Kasim, so long as teh caveat is registered,
endorsement/entry on the register DOT is prohibited.
‣ Caveatees are precluded from dealing with the land so as long as the caveat has not
been removed.
‣ Macon Engineers S.B v Goh Hooi Yin, Sect 322(2)(a) has the effect of prohibiting any
dealings to be taken by/ on behalf of the proprietor. It helps to protect the interest of
the caveator.
‣ Basically, it does preserve the status quo & to restrain any dealings from occurring upon
the land -
‣ Butler v Fairclough & Anor
‣ Chin Cheng Hong v Hameed & Ors
‣ Temenggong Securities Ltd & Anor v Registrar of Tiles of Johor & Ors
‣ Haroon bin Guriaman v Nik Mah binte Nik Mat & Anor - When competing equities arise,
the court will only look on who has more/better priority over the other.