UDL3612 Land Law I Tri 1, 2017/2018

Topic 4 Rights and Powers of State Authority

Tutorials 05-06 (Weeks 6-7)

1. The State Authority has the power to dispose of land. What are the forms of disposal
of land? What are the restrictions on the disposal of land by the State Authority?

2. Who are the parties in whose favour land may be disposed of?

3. What is the meaning of alienation? Under how many forms may State land be
alienated?

4. In 1985, Kassim was granted a temporary occupation licence by the State Authority in
respect of a piece of land. Kassim built a permanent house on the land. He later
applied for alienation of the land from the State Authority. The application was
approved and Kassim was served with a notice in Form 5A pursuant to section 81(2)
of the National Land Code 1965, requiring him to pay a sum of RM2,000/- within
three months from the date of service of the notice. Because of financial constraints,
Kassim only managed to forward the required sum to the Land Administrator five
months later. He was nevertheless registered as the proprietor of the said land.
Discuss the validity of the alienation of the said land to Kassim.

5. Read section 42 National Land Code 1965 carefully and decide whether the State
Authority has power to do the following things:

(a) to alienate State land in perpetuity;

(b) to alienate foreshore in perpetuity;
(c) to reserve State land for Federal purposes;
(d) to grant leases of land reserved for public purpose up to 33 years;
(e) to permit occupation of State land under T.O.L. for purposes of quarrying;
(f) to permit occupation of reserved land under T.O.L. for purposes of mining;
(g) to permit occupation of mining land under T.O.L. for breeding fish;
(h) to permit extraction of rock material from land already alienated to X.

6. In what circumstances will land already alienated be reverted to the State Authority?

7. With reference to relevant provisions of the National Land Code 1965 and case law,
discuss the following:

(a) Adverse possession application of equitable estoppel against public

authority;
(b) Power of forfeiture and relief.

Prepared by Tay Eng Siang, FOL, MMU

UDL3612 Land Law I Tri 1, 2017/2018

Topic 4 Rights and Powers of State Authority

8. Read the following cases for discussion:

(a) Tetuan Tokoyaki Property Sdn Bhd v Sam Kok Sang @ Tham Sow Sent & Ors
[2001] 1 MLJ 585

(b) Teh Bee v K Maruthamuthu [1977] 2 MLJ 7 FC

(c) Dr. Ti Teow Siew & Ors v Pendaftar Geran-Geran Tanah Negeri Selangor
[1982] 1 MLJ 38

(d) Government of Negeri Sembilan & Anor v Yap Chong Lan & Ors [1984] 2
MLJ 123 FC

(e) United Malayan Banking Corporation Bhd. & Anor v Pemungut Hasil Tanah,
Kota Tinggi [1984] 2 MLJ 87 PC

(f) Pow Hing & Anor v Registrar of Titles, Malacca [1981] 1 MLJ 155 FC

Written Exercise

9. Discuss the legal position in each of the independent and separate situations below-

(a) Ali holds a Temporary Occupation Licence in respect of a piece of land. During his
occupation he built a house on the land. Before the expiry of the said licence, Ali
intends to sell the house to Bibi.
(8 marks)

(b) Caya applied for the alienation for a piece of land, Lot 123. Her application was
approved. However, it was discovered later that Lot 123 was previously reserved for
vegetable farms and there was no record of any revocation. Discuss the validity of the
said alienation. How would your discussion differ if Lot 123 constituted merely a tiny
portion of the reserved land?
(9 marks)

(c) Daya had been staying on a piece of vacant land for the past twenty years. The land
was never alienated to anyone. Daya fell the trees on the land and built a house
thereon. Recently, Daya received a letter from the Land Office requesting him to
vacate the land.
(8 marks)

(Total: 25 marks)
[Question 3, Tri 3, 2008/2009 Final]

Prepared by Tay Eng Siang, FOL, MMU