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BIE2001: Law of Land Development Tutorial Week 3 Land Disposal and Related Matters - Part 2 Lecturer: Dr. Hasniyati Hamzah

This document provides a tutorial on land disposal and related matters in Malaysia. It discusses different modes of land disposal such as alienation and non-alienation. It also addresses issues regarding leasehold versus freehold land titles, temporary occupation licenses, and how land titles can revert back to the state authority. Key points covered include the differences between alienation and non-alienation from the perspectives of real estate developers and the government. Examples are also provided of how foreshore and sea-bed areas can be disposed of and the types of land titles that exist.

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81 views

BIE2001: Law of Land Development Tutorial Week 3 Land Disposal and Related Matters - Part 2 Lecturer: Dr. Hasniyati Hamzah

This document provides a tutorial on land disposal and related matters in Malaysia. It discusses different modes of land disposal such as alienation and non-alienation. It also addresses issues regarding leasehold versus freehold land titles, temporary occupation licenses, and how land titles can revert back to the state authority. Key points covered include the differences between alienation and non-alienation from the perspectives of real estate developers and the government. Examples are also provided of how foreshore and sea-bed areas can be disposed of and the types of land titles that exist.

Uploaded by

Sin Yee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BIE2001: Law of Land Development

TUTORIAL
Week 3 Land Disposal and related matters – Part 2
Lecturer: Dr. Hasniyati Hamzah

GENERAL

1. Between alienation and non-alienation, which is the better mode of disposal

a. from real estate developer’s point of view? Why?

b. from government’s point of view? Why?

2. The sea level has been reported to be rising due to global warming. What is the status of
an alienated land that has been totally encroached by the sea? (Hint: Answer is on page
113 in Ainul Jaria’s book).

3. How can the State Authority dispose foreshore and sea-bed area? Give an example for
the need of such land disposal.

DISPOSAL BY ALIENATION

4. State the correct form for each title.

Description of land related to the title Form


Land Office Titles that have not been surveyed yet.

Land Office Titles that are capable of being subdivided, partitioned


and amalgamated.
Registry Titles that have not been surveyed yet.

Registry Titles that are capable of being subdivided, partitioned and


amalgamated.
Titles that have a building capable of being subdivided for strata
title.

5. Advise Mr. Hapless.


Mr. Hapless Posted: Wed Jul 24, 2017 7:46 pm    Post
subject: what will happen when a 99-year
leasehold property expired ?

Hi! I intend to buy a double storey terraced house in Klang


under 99-year leasehold title, which I think is more affordable
than freehold unit, but what will happen to the house after 99
years?? Will the house no longer be owned by me and I will
then need to move out?? Some of my friends said that you still
can own the house by paying a sum of money to the owner of

1
the land, is it true? If yes, normally how much it cost??

6. As part of the General Election manifesto, a ruling State Authority has promised
to convert leasehold titles in the state into freehold titles. Comment on the
legality of this promise.

DISPOSAL OTHERWISE THAN BY ALIENATION

7. Mr. Alyas is a TOL holder for a parcel of land in Cameron Highlands measuring 2 acres
for the use of vegetable cultivation. On his land, he has built a single storey brick house.
He has been granted the TOL since 2013. Mr Alyas is now having financial problems. Mr
Alyas intends to raise some money by using his TOL land that he sees as an asset. With
reference to NLC and relevant cases, advise Mr. Alyas on the legality of each of the
proposed course of actions.

a. Selling the brick house on his land.

b. Selling the rights on his land to another person.

c. Renting out 1 acre to another person on a monthly basis and retain the remainder for
own cultivation.

d. Renting out all of the land to another person on a monthly basis.

8. Madam Hunkydory is interested to commercially grow vegetables but does not own any
land for that purpose. She has identified a piece of vacant land with an area of about 8
acres. A search conducted at the relevant Land Office indicated that the subject lot is
State Land.

(i) Advise Madam Hunkydory on the necessary application to be made to enable her to
cultivate that piece of vacant land.

(ii) Explain the conditions that have to be adhered to by Madam Hunkydory upon approval of
the application.

9. Mr. Pinkywinky is a Temporary Occupation License (TOL) holder since 1980. His TOL
has been renewed by the state authority every year without any problem. He has erected
on the land a wooden house which was sold to Mrs Kissyface in the year 2000 via a sale
and purchase agreement. In 2005, Mr. Pinkywinky passed away. Now his son, Mr. Putty
would like to occupy that wooden house and tried to evict Mrs Kissyface by saying that
he inherited the house from his late father.

a) Briefly discuss the tests to determine whether an item is categorized as chattel or fixture.

b) Discuss the rights of Mr. Putty and Mrs Kissyface (if any) by referring to suitable court
cases.

Comment: Important to note that TOL is not transferable. There are 2 court cases
mentioned (1) trying to pass sale & purchase of TOL as sale & purchase of wooden
house… (2) sale & purchase not involving TOL holder.

10. Section 42 of the National Land Code 1965 stipulated that the State Authority is
empowered to dispose not only through land alienation but also through issuance of
2
permit, license and reservation. Explain the situation how the disposed land can be
reverted to and vested in the State Authority.

Suggested answer: Discuss how alienated land may revert back to SA (forfeiture)
or/and how permit/license can be revoked or/and how reservation land may be
revoked.

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