Archive for the ‘Land Law’ Category

Indefeasibility of Title and Innocent Buyer

Tuesday, November 4th, 2008

By Loke Yuen Hong

Imagine while you were leisurely enjoying your tea, reading newspaper. Life is blissful as it is serene. Suddenly, in the front page of Business section, you found out that XYZ Corporation is embarking on a billion dollar project on land plot ABC. You had a funny feeling, not because of the intensity of the project at this time of global economic meltdown, but rather, plot ABC is yours and you definitely had nothing to do with XYZ Corp nor its project.

You went to Land Office, and lo! the records showed that you sold your land to XYZ Corp two weeks ago. Whats more, the Document of Title that was used in the transaction is a duplicate one as you had “lost” the original ones some three weeks ago, though now you had it in your hand.

Had you had some amnesia? A quick check showed that “you” had done the transaction, though XYZ Corp. officers had seen you not.

Obviously, someone sold your land to XYZ Corp using your name. What can you do?

Nothing.

Yupe, you read it right.

Kiss your land goodbye and keep the document of title as a memory of a long gone land.

Because that was what happened in Adorna Properties Sdn. Bhd. v Boonsom Bonyanit. It all begins when a rogue pretending to be Boonsom managed to convinced the Land Office that she was Boonsom and that the original document of title went missing. When she got the duplicate, she sold the land to Adorna. By the time the real Boonsom knew of it, the title had already been registered in Adorna’s name.

(more…)

Renting a Property in Malaysia (By Chur Associates)

Tuesday, January 29th, 2008

picture.jpg 

The following are some useful information on renting a property in Malaysia.

1. FACTORS TO BE CONSIDERED:

(i) location;
(ii) neighborhood;
(iii) transportation access; and
(iv) usage

2. DIFFERENCE BETWEEN LEASE AND TENANCY

If the contract term is below three (3) years, it is called a tenancy. If the contract term is beyond three (3) years, it is called a lease.

Legally, leases are registrable with the Land Office and the lessees have a registered interest in the land upon registration.
The interests of a lessee is better taken care of / protected compared to a tenant under a tenancy as they only have an equitable interest on the land i.e. their interests would be subject to those with registered interests.

However, all tenants/ lessees are entitled to the quiet enjoyment of the property subject to the terms and conditions of the governing written document.

Under the common law jurisdiction of Malaysia, the right of quiet enjoyment and the actual possession of the tenants/ lessees are highly protected.

(more…)