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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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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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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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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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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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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Trespass in law covers a wide spectrum of instances, such as trespass to land, goods, person or even criminal trespass. Today, however, we will focus solely on trespass to land. What constitutes trespass to land in law? So what constitutes trespass to land? Trespass to land occurs when a person (‘person A’) who neither has…
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If you have a piece of land registered under your name, beware! The state can actually acquire the land from you. However, the state must first adequately compensate you if they were to acquire your land. This process of acquiring your land is lengthy and we will need to explain it to you in another…
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What is land acquisition? Land acquisition is a process whereby the state acquires your land from you. However, this can only be done if: The acquisition is done in accordance with the law governing a land acquisition exercise; or Where you are adequately compensated for the compulsory acquisition of your land. The compulsory acquisition of…
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Justice Good once said in Kuppu v Brown & Anor:“ The desire in mankind for a place of one’s own- a roof over one’s head- is so strong that men will build dwellings on land over which they have only the flimsiest claims to occupancy. The urge to build has in this country created what…
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