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PP Land Law > Chapter 1 - Disposal of Land by State Authority > Flashcards

Chapter 1 - Disposal of Land by State Authority Flashcards

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1
Q

DISPOSAL OF LAND BY STATE AUTHORITY

Overview

A

1) Powers of disposal
2) Alienation
3) Types of title
4) Restriction in the use of land
5) Equitable principles in Malaysia

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2
Q

DISPOSAL OF LAND BY STATE AUTHORITY

Powers of disposal

A

S.42 NLC

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3
Q

DISPOSAL OF LAND BY STATE AUTHORITY

Alienation - overview

A

1) Meaning of alienation
2) How alienation is effected
3) Effect of alienation
4) Mirror principles
5) Curtain principles

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4
Q

ALIENATION

Meaning of alienation

A

S.76

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5
Q

ALIENATION

How alienation is effected - the law

A

S.78(3)

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6
Q

ALIENATION

How alienation is effected - application

A

Teh Bee v K Maruthamuthu:

  • Alienation shall take effect only upon registration.
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7
Q

ALIENATION

Effect of alienation

CRI

A

CRI

1) Cessation:
- The land cease to be State land.
2) Reversion:
- The land can only be reversed to the State in accordance with the law.
3) Indefeasible:
- Alienation shall confer the person an indefeasible title to the land.

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8
Q

ALIENATION

Mirror principles

A
  • RDT & IDT reflects accurately the material facts about the person’s title.
  • The label of “the mirror principle” was given by Das S.K. to reflect the nature of Torrens system that the register with the attributes of a mirror of sorts that can reveal all the necessary particulars relating to the land that would interest a potential purchaser or chargee.
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9
Q

ALIENATION

Curtain principles

A
  • Intending purchaser or acquirer need not to look beyond register to find information about the land.
  • register is the sole source of information for intending purchasers.
  • save persons dealing with the registered proprietors from the trouble and expense of going behind the register in order to investigate the history of their authors’ title and to satisfy themselves of its validity.
  • protect the purchaser as he/she can safely rely on the information revealed in the register, and need not to look behind it.
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10
Q

DISPOSAL OF LAND BY STATE AUTHORITY

Types of title - overview

A

1) Definition

2) Alienation according to types of title

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11
Q

TYPES OF TITLE

Definition

A

S.5:

  • final title: all forms of title other than QT;
  • qualified title: title issued in advance of survey.
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12
Q

ALIENATION ACCORDING TO TYPES OF TITLE

Alienation of qualified title

A

S.77(3)

1) Registry qualified title: Form 11A
2) Land Office qualified title: Form 11B

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13
Q

ALIENATION ACCORDING TO TYPES OF TITLE

Alienation of final title

A

S.77(3)

1) Registry final title:

  • when appropriate: S.77
  • Freehold: Grant, Form 5B
  • Leasehold: Pajakan Negeri, Form 5C

2) Land Office final title:

  • when appropriate: S.77
  • Freehold: Geran Mukim, Form 5D
  • Leasehold: Pajakan Mukim, Form 5E
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14
Q

DISPOSAL OF LAND BY STATE AUTHORITY

Restriction in the use of land - overview

A

1) General power upon alienation
2) Restriction in interest
3) Restriction in conditions

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15
Q

RESTRICTION IN THE USE OF LAND

General power upon alienation

A

S.120

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16
Q

RESTRICTION IN THE USE OF LAND

Restriction in interest - overview

A

1) Meaning
2) Commencement date
3) Effect of breach

17
Q

RESTRICTION IN INTEREST

Meaning

A

S.2:

  • restriction in rights to deal with the land & to sub-divide the land.
18
Q

RESTRICTION IN INTEREST

Commencement date

A

Dr. Ti Teow Siew & Ors v Pendaftaran Geran Tanah Selangor:

  • from the date of registration of the title.
19
Q

RESTRICTION IN INTEREST

Effect of breach - transfer w/o sanction

A

Toh Huay Khay v Lim A Chang:

  • transfer becomes unlawful;
  • title of the transferee becomes defeasible for void instrument.
20
Q

RESTRICTION IN INTEREST

Effect of breach - charge w/o sanction

A

UMBC v Syarikat Perumahan Luas:

  • Registration of the charge becomes defeasible for void instrument.
21
Q

RESTRICTION IN THE USE OF LAND

Restriction in conditions - overview

A

1) Meaning
2) Agriculture land
3) Commercial, residency & industrial land
4) Disposal & dealing involving foreigner
5) Effect of breach

22
Q

RESTRICTION IN CONDITION

Meaning

A
  • Obligation relating to the use of land for specific purposes;
  • i.e. agricultural, building & industrial.
23
Q

RESTRICTION IN CONDITION

Agriculture land

A

S.121

24
Q

RESTRICTION IN CONDITION

Commercial, residency & industrial

A

S.122

25
Q

RESTRICTION IN CONDITION

Disposal & dealing involving foreigner - the law

A

PART 33A NLC

  • page 332 NLC onwards.
26
Q

RESTRICTION IN CONDITION

Disposal & dealing involving foreigner - application

A

CIMB Investment Bank Bhd v Metroplex Holdings Sdn Bhd:

  • disposal & dealing involving foreigner can be effected by virtue of S.433B;
  • h/ever, this restriction to get approval from State Authority does not apply to effecting a charge.
  • i.e it shall not be necessary for a non-citizen or a foreign company to obtain the prior approval of the State Authority for the registration and endorsement of the charge
27
Q

RESTRICTION IN CONDITION

Breach of condition - when

A

S.125

28
Q

RESTRICTION IN CONDITION

Breach of condition - effect

A

S.127

29
Q

DISPOSAL OF LAND BY STATE AUTHORITY

English equitable principles - overview

A

1) General
2) Not applicable
3) Applicable

30
Q

ENGLISH EQUITABLE PRINCIPLES

General

A

1) S.3 CLA - application of English law in Malaysia

2) S.6 CLA - application of English law relating to immoveable property in Malaysia.

31
Q

ENGLISH EQUITABLE PRINCIPLES

Not applicable - effect of S.6

A

Datin Siti Hajar v Murugasu:

  • effect of S.6 is to exclude the application of common law & equity relating to land tenure, transfer or transmission of immoveable property.
32
Q

ENGLISH EQUITABLE PRINCIPLES

Not applicable - NLC is complete

A

UMBC v Pemungut Hasil Tanah Kota Tinggi:

  • NLC is complete & comprehensive code;
  • There is no room for importation of any English rules except as the Code provided.
33
Q

ENGLISH EQUITABLE PRINCIPLES

Applicable - S.6 prohibits common law only

A

Devi v Francis:

  • Land law of England is one thing & equity is another matter;
  • S.6 prohibits only English common law.
34
Q

ENGLISH EQUITABLE PRINCIPLES

Applicable - Torrens system does not exclude equity

A

Wilkins v Kannamal:

  • Torrens system is a form of conveyancing system that does not exclude the rules of equity.
35
Q

ENGLISH EQUITABLE PRINCIPLES

Applicable - S.6 does not exclude equity

A

Woo Yook Wan v Loo Pek Chee:

  • S.6 does not exclude the operation of equity;
  • A lease which is void at law for not having complied with formalities can be enforceable at equity.

PP Land Law (14 decks)

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