Category: Land Dispute

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Rights Of Both Parties In A Tenancy Agreement

A tenancy agreement is an agreement entered between the owner of a property (the landlord) and an individual/ company (the tenant) where the landlord agrees to rent out the property to the tenant for a sum of money. During the tenancy period, what are the rights accorded to both parties? In this article, we will…
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October 25, 2020 0

Land Law 101 – The Bidders and Purchasers War

What happens when two parties purchased the same property? Whose claim is stronger? Specifically and for example: a purchaser purchases a property from a property developer. At the same time, a bidder successfully bid for the property via an auction. In such a situation, who has rights/ claims over the property? This issue was dealt…
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July 24, 2020 0

Covid-19: Discharging Your Legal Obligations Under A Tenancy Agreement. Yay or Nay?

Let’s cut the chase and dive right in: In lieu of what is happening right now (Covid-19 Pandemic), can a tenant decide to not pay rent to his landlord? In this article, we will briefly look at two legal principles that a tenant might be able to rely upon to do so. Is there a…
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June 17, 2020 0

Land Law: Temporary Occupational Licence

A brief introduction on Temporary Occupational Licence (TOL) These are licences granted by the Malaysian state authorities (in accordance with the Malaysian National Land Code) to individuals or companies to occupy certain lands within the Peninsular Malaysia, such as state land, mining land and reserved land which are currently not being used by the states…
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May 14, 2020 0

Malay Reserve Land: Can It Be Charged To A Non-Malay?

In West Malaysia, a Malay reserve land CANNOT be charged to a Non-Malay individual/ corporate entity. The only exception is Kedah. This exception was discussed in the recent Federal Court case of Affin Bank Bhd v Jamaludin Jaafar; The Association of Banks in Malaysia & Anor (Interveners). Brief facts of the case Teh Two Kea…
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April 21, 2020 0

Getting Sued By Your Condo Management

In one of our previous article, we briefly talk about how (if you are staying in a condo) you can sue you condo management if your condo is left in a state of disrepair. Today, we will be discussing just the opposite i.e. whether your condo management can bring legal action against you. The short…
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April 17, 2020 0

The Controller of Housing and The Power to Modify SPA

What happens if your house is not build on time? Can your developer apply for an extension of time to the Controller of Housing to extend the completion date? Is the Controller of Housing empowered to determine such an issue? To find out more, let us look at the Federal Court case of Ang Ming…
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April 2, 2020 0

Can a Bankrupt Transfer Properties?

Can an individual who is declared bankrupt transfer a movable property (for example, shares) to another person? This issue is dealt with in Yui Chin Song & Ors v Lee Ming Chai & Ors. While the case dealt with other matters of law, we will be solely focusing on the above issue in this article.  …
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February 25, 2020 0

Limitation Act and the Auction Dates Conundrum

What happens if you borrow money from the bank to purchase a property and fail to pay back the monies you owe to them? Short answer: the bank can actually apply for an order for sale to auction off your house to settle the debt that you owe them. However, what happens if they fail…
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February 20, 2020 0

Redress For Late Delivery Against Subsequent Developer – Can It Be Done?

Can a purchaser seek damages from a subsequent developer for the late delivery of their property? To find out more, let us briefly look at the case of Woolley Development Sdn Bhd v Tiara Contours Construction Sdn Bhd and see what the Court of Appeal has to say about this matter. Brief facts Cherating Development…
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January 20, 2020 0