The intricate principles of land law and the intersecting areas of law such as trust and equity have posed perennial challenges to practitioners of real estate law. The fragmented administration of the land law system in Malaysia adds to the difficulty. Resolving land-related issues remains one of the most time-consuming and complex challenges in legal practice.
This book serves as a primary reference point to confidently navigate the interplay between complex legal theory and hands-on administration of land law. It provides clear elucidation of the fundamental concepts of land law with practical insights into the application of the law to address the wide spectrum of real estate matters. Dealings in land, the registration of transactions, leases and tenancies, the protection of interests in land via caveats, the use of charges to secure banking facilities, the compulsory acquisition of land, and the operation of the strata title system as well as the management and maintenance of strata properties are given close attention by the team of experienced authors.
Drawing on their wealth of knowledge of the practical issues commonly faced in real estate law practice, the authors have produced this book which proves to be a treasure trove of the most essential and invaluable principles of land law. It is a guide not to be missed by practitioners seeking effective solutions to everyday legal problems and judges deciding land law disputes.
Key features:
- Wide coverage of essential topics commonly faced in real estate matters.
- Overview analysis of key legal concepts of land law to aid understanding of the interplay of these concepts.
- Discussion of relevant case laws to support the identification of difficult issues.
- Useful compilation of up-to-date and relevant governmental and state agency guidelines presently implemented in the land law system.
- Practical tips and suggestions on how to manage common pitfalls.
- Strategic guidance in planning for and managing land litigation.
- Functional checklists and flowcharts for quick reference.
| Chapters | Contents |
|---|---|
| 1 | Land Titles |
| 2 | Land Registry and Practical Issues in Registration of Dealings |
| 3 | Freehold and Leasehold Titles and Renewal of Leasehold Titles |
| 4 | Qualified versus Final Title – Meaning and Effect |
| 5 | Foreign Ownership – Requirements and Restrictions |
| 6 | Co-proprietorship |
| 7 | Trust Ownership and Interest in Land |
| 8 | Transfer of Title |
| 9 | Indefeasibility, Fraud and Forgery |
| 10 | Charges |
| 11 | Restraint on Dealings |
| 12 | Leases and Tenancies |
| 13 | Compulsory Acquisition of Land |
| 14 | Strata Titles |
About the Authors:
Rajasingam Gothandapani holds an LLB (First Class Hons) from the International Islamic University Malaysia, where he was recognized as the top law graduate with the Royal Award “Pingat Jaya Cemerlang.” He furthered his education at the University of Cambridge, earning his LLM on two prestigious scholarships: The Chevening and The Cambridge Commonwealth Trust. Rajasingam is an advocate and solicitor of the High Court of Malaya and a Partner at Shearn Delamore & Co. He possesses three decades of experience litigating land-related disputes across all levels of the courts.
Anita Balakrishnan is a Partner and the head of the Real Estate department at Shearn Delamore & Co. Her extensive experience encompasses a wide range of real estate transactions, including the acquisition and disposal of commercial, industrial, and agricultural properties, commercial leases and tenancies, and built-to-suit agreements for both purchasing and leasing real properties. She serves a diverse client base that includes statutory bodies, property funds, asset managers, local and foreign real estate investment trusts, private and public companies, developers, and commercial banks.
Lai Wai Fong is a Partner in the Dispute Resolution department of Shearn Delamore & Co. She has significant experience in corporate and commercial, tort, fraud, land, insurance, and aviation disputes. Wai Fong regularly appears as counsel in the Malaysian courts and is frequently involved in complex legal matters. She graduated with second class upper honours from the University of London, where she received Book Prizes for Constitutional Law and for outstanding academic performance. She was also awarded a Book Prize for the Law of Evidence in the Certificate of Legal Practice examination.
Sathya Kumardas is a Partner in the Dispute Resolution practice at Shearn Delamore & Co. She brings extensive experience to land-related disputes, covering areas such as charges, orders for sale, foreclosure, competing claims to title, caveats, strata management, development projects, abandoned projects, receivership over land, and enforcement against real property. Her practice also extends to banking litigation, insolvency, corporate rescue, fraud and asset recovery, and complex commercial disputes, particularly those where land and security interests are central to the issue.
