Ll1 tutorial questions alienation extent of ownership questions

1. QUESTION 1
Kumpulan Talam owns a piece of 20 acres of land in UluBernam. When they received the title from the
land office they discovered a statement in one of the columns in the land title stating that the land is an
agricultural land and for planting palm oil only. Being a company that deals mainly with real estate and
housing, Talam intends to develop the land to become a new halal hub for agricultural products.
Unfortunately when Allan, the project manager visited the site, he found out that there are 30 families of
villagers occupying the land with various activities and building structures built on the land. To make
thing worst, they claimed that they occupied the land for 30 years and permission was obtained from the
land office.
Allan seeks your advice on how to proceed with Talam’s plans to develop the land and how to deal with
the existing occupiers on the land. The occupiers also argued that Kumpulan Talam has no legal right to
evict them as the company failed to pay premium to the Gombak land office on time.
Advise Allan.
(15 marks)
QUESTION 2
Urus Jaya Sdn. Bhd. (‘Urus’) owns a piece of land in Damansara that it plans to develop into a multistoreyed commercial building. The land next to it was vacant land belonging to KL Holdings Sdn. Bhd.
(‘KL’). When Urus began the groundwork of the project, its contractors began installing ground anchors
into the land which encroached 14 feet into the underground land belonging to KL. When KL got to know
about this, it instructed its lawyers to sue for trespass and obtain a mandatory injunction against Urus to
remove the ground anchors. Urus claimed that it was under the impression that the adjoining land was
state land and not private land and that even so, the ground anchors would not in any way damage KL’s
land. With reference to the National Land Code 1965 and decided cases, advise both parties.
(8 marks)
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