PP - Land dealings

Question 1

Malaysia land law and dealings are based on?

Answer 1

Torrens system that is similar to AUS and NZ

Question 2

S40 National Land Code (NLC)
East Union (M) S/B v Government of the State of Johor & Government of Malaysia

Answer 2

All lands are vested in the State

Question 3

NLC and Sarawak

Answer 3

All lands alienated by the State are held under Torrens title

Question 4

Sabah Land Ordinance

Answer 4

non-Torrens title

Question 5

NLC (Penang & Malacca Titles) Act 1963

Answer 5

for conversions of lands held under English deed system to the Torrens title

Question 6

Main purpose of Malaysian Torrens System

Answer 6

to provide uniformity, simplicity and certainty in dealings of land or interests in land

Question 7

Conclusiveness of register document of title (RDT)

Answer 7

-s89 NLC : the RDT is the conclusive evidence of all matters

Question 8

Info in RDT incorp two principles

Answer 8

mirror - all particulars of land are in the register

curtain - all interests in land are registered in the register

Question 9

Register is everything

Answer 9

Teh Bee v Maruthamuthu

Question 10

the registration not its antecedent vests and divests title

Answer 10

Frazer v Walker

Question 11

Registration does not necessarily make the title of land unimpeachable. Registration can be set aside

Answer 11

M&J Frozen Food v Siland S/B

Question 12

Types of title

Answer 12

1. Final title - boundaries have been surveyed
2. Qualifies title - boundaries have not been surveyed

both could be Registry title or Land Office title

Question 13

freehold titles

Answer 13

held in perpetuity

Question 14

leasehold titles

Answer 14

max of 99 yrs

Question 15

Types of land doc

Answer 15

1. RDT - in a register book kept at the Registry or Land office - contains all matters/ info of the land / may be inspected by general public
2. IDT - duplicate copy of RDT - issued to the registered proprietor

Question 16

land that may be registered

Answer 16

transfers, leases, charges and easement

Question 17

land dealings that are exempted from registration

Answer 17

tenancies/ statutory liens protected by endorsement/ entry of lien-holder’s caveat

Question 18

s.206(3) NLC - non compliance of NLC

Answer 18

will not affect the contracts in relation to the dealings in the alienated land

Question 19

restraints in land dealings - purpose?

Answer 19

to protect the interest of a party

Question 20

how the interest of the party be protected by restraining the land?

Answer 20

caveats and prohibitory orders