Credits to: Komathi A/P K Raman

1. QUESTION 4
Prepared by:
Nur Aliah bt Amran (A166840)
Komathi A/P K Raman (A163611)
Group: 4
Slot: Tuesday, 12 - 1 p.m.
Prepared for:
Dr. Saidatul Nadia binti Abd. Aziz
LAND LAW II

2. Question
2
Medina, who is an aunty to Maisara, 8 years old was told to look after Maisara’s interest
if her parents had passed away. The parents then passed away and left a land of which
Maisara was named as a beneficiary. Medina took the responsibility to look after
Maisara and when she knew about the said land, she offered herself to be a trustee.
Few weeks later, Amelia, who is a neighboring owner of the said land, offered to
purchase the land in cash for her to do some expansion of her land. Medina, who
wanted to migrate to the United Kingdom decided to agree with the offer and Amelia was
registered as the new owner of the land. Advice Medina, Maisara and Amelia.

3. 1.
Answer
Facts, issues and discussion

4. Brief Facts
4
When Maisara’s (8 years old) parents passed away, Maisara was named as a
beneficiary of the left behind by Maisara’s parent land. Few weeks later, upon
Amelia request who is the neighboring owner of the said land Medina (who
apparently offered herself to be the trustee), decided to sell the land to Amelia
as she wanted to migrate to United Kingdom and Amelia was registered as
the new owner of the land.

5. Issue Identified
5
Whether Medina is the trustee of the land?

6. Discussion: The General Principles
6
Trust under NLC
NLC does not define what trust is. However, the word “trust” excludes “wakaf” under Muslim law.
Trust is treated as a caveat entered for Trust Property to protect the land and the interests. It is a type
of Private Caveat. An application can be done by Form 19E [(s 333(2)] with registration fee.
The registrar can enter trust caveat on application of [s 333(1)]:
a) A trustee for the time being of any land or interest;
b) The person or body whom any land or interest is first transferred to trustee; or
c) The person or body by whom any interest is created in favour of the trustee.

7. Discussion: The General Principles Cont. 1
7
What is Trust Caveat
Trust caveat may be entered by Registrar upon any land or interest expressly held by any person or
bodies as trustees. It will not prevent the entry of Private Caveat.
Effect of trust caveat must be stated in any terms, registration, endorsement on the
followings:
(a) instrument of dealings/class/description of instrument of dealing, directly affects the property;
(b) claim to the benefit of tenancy exempt from registration;
(c) lien holder’s caveat.

8. Discussion: The General Principles Cont. 2
8
Case
Midland Bank Executor & Trustees Co. Ltd. v Rose (1949)
The court held that the trust intended in s 332(1) and 333(1) mean an express trust and not implied or
constructive trust. Exaple of express trust can be seen in case of parent purchasing or transferring
land to child below age of majority. In such case, the land is transferred to, say A, a trustee. A then
executes a deed or declaration of the trust of land for benefit of beneficiary and holds the land as
trustee and shall transfer it to beneficiary as directed when he attains the age of majority. The trustee
will on payment prescribes fee deposit the intrustement declaring trust with Register of Titles.

9. Discussion: Application
9
The above question is silent as to whether Maisara’s parents directed or mentioned Medina’s name to
execute the trust. Since there is no express trust the question before the court is simply whether
Medina could prove that there is such a declaration of trust? We are in the opinion that Medina could
not prove such a declaration of trust since in above question it is clearly states that Medina
volunteered herself to be a trustee. Hence, Medina is in no position to enter a trust caveat or to hold
the property for Maisara as a trustee. Maisara can challenge Medina’s position as a trustee since
there seems to be element of fraud, misrepresentation or any unlawful act. While Amelia can sue
Medina under the principle of bona fide purchaser to recover for the lost as the transaction of the sale
of the land is invalid.