Q.Where is it stated that Land is a State Matter? A.The highest authority in the land is The Federal Constitution. Article 74 (Clause 2) and 76 (Clause 4) of The Read More …
Category: 2.4 Laws relating to Property
Basics of Torrens System
Q. What is the basic concept of Torrens System? Explain what are Mirror and Curtain principles. List out the main characteristics of Torrens System. How does it differ from the Read More …
Squatting in the hope of title?
Q. Is there a chance that I squat for 50 years in this land and it will be mine? A. The question is simple. Can you just occupy a space Read More …
Cases on Market Value
Q. Can you provide case law on determining “Market Value” in land acquisition? A. Salleh Buang has written a section on case laws in determining Market Value and some of Read More …
Measure of Compensation in land acquisition
Q. How to measure the amount of compensation to be adequate in land acquisition? A. Article 13 of the Federal Constitution requires that “adequate compensation” must be paid for every Read More …
Torrens Charge vs Mortgage
Q. What are the differences between torrens charge and mortgage? A. See Compare and contrast lien and charge here 2012 Q3b. The Torrens Charge is a creation of statute, ie National Read More …
How is share units determined?
Q.How do you calculate share unit in a strata building? A.Share units are computed based on the area, usage, size and location of the accessory parcel using the prescribed formula Read More …
How Share Unit is incorporated into Strata Building?
Q. How Share Unit is being incorporated to the Strata Parcels? A. Below is the extract from REHDA (Real Estate and Housing Developer’s Association of Malaysia) article on ‘Processes and Read More …
Power of State Authority on State Land
Q. State Authority (Penguasa Negeri) is the highest authority on land matters in the State. What power does it have? A. (POWER TO GIVE LAND) 42. Powers of disposal. (1) Read More …
Differences between a lease, a license and an easement
Q.Write down the differences between a lease, a license and an easement. A.A legal dispute may arise as to whether an arrangement between parties relating to rights to use land Read More …
Statutory termination of SPA
Q.Purchaser of a housing project being caught in situation that the project is abundant for a long time, what can be done? A.This is about purchaser who falls victim to Read More …
Grounds to challenge land acquisition
Q.What are the possible grounds to challenge land acquisition by Land Acquisition Act, 1960? A.Challenging the acquisition proceedings in a land acquisition is not uncommon. There were many successful cases. Read More …
Exercising water cut, denying access or stopping lift operation when default in payment of fees?
Q. When MC gets recalcitrant defaulters for unpaid service charge, does Joint Management Body/Management Corporation has a legal right to undertake actions like exercising water cut, or denying access for Read More …
How to simplify the process of Land Acquisition?
Q. The whole thing about land acquisition seems messy and lengthy. Can you simplify it and make the process easily understood to a client whose land is under the process Read More …
Bad Faith in Land Acquisition
Q. The law in Section 3 – Acquisition of Land provided by Land Acquisition Act, 1960 gives the State Authority to acquire any land which is needed for development. In Read More …
What are the issues to be considered in determining compensation for land acquisition?
Q. What are the issues to be considered in determining compensation for land acquisition? A. Market Value Market value is “the price that would be paid by a willing purchaser Read More …
What if unpaid maintenance fee still unpaid after notice is being served?
Q. What if unpaid maintenance fee still unpaid after notice is served? A. Section 79, Strata Management Act, 2013 specifies the various procedures to recover the debts by attachment of Read More …
How Management Corporation can recover unpaid maintenance fees?
Q. (b) Unpaid service charge is a bane (problem) to the Management Corporation. Explain the process by which the Management Corporation can recover such arrears. A. S.77 & 78 of Read More …
What can be claimed at Housing Tribunal?
Q. What are the types of claims handled by the Tribunal? A.For a claim to be heard by the Tribunal it must fulfill certain conditions. The Tribunal will consider a Read More …
The Role of Housing Tribunal
Q.How could the Housing Tribunal play its role in protecting the interest of the homebuyers? A. Chang Kim Loong, The Star Saturday, 15 February 2014. Is the Housing Tribunal effective? Link Read More …