Marsden Law Book

Malaysian Land Law and Procedure seeks to provide succinct, comprehensive and up-to-date explanation of the concepts and principles of land law for the benefit of law students, legal practitioners, legal and judicial officers, inhouse lawyers, and others seeking to gain an understanding of Malaysian land law as embodied in the National Land Code (Revised 2020) (Act 828).

This textbook elaborates on the Torrens system as applicable in the land administration system in Peninsular Malaysia, focusing on explaining the statutory provisions of the major areas of land law supported by case law and supplemented with discussion on the procedural aspects.

Practical and contextual in its approach, lucid and engaging in style, this textbook enlivens the subject for students from the legal, theoretical, administrative and procedural aspects. The embedding of case law analysis throughout the book illustrates the law in action. Academic details on key topics are explained in a straightforward manner for an accessible learning experience. This is enhanced by additional examples, extracts, diagrams, and sample documents which provide the building blocks of a clear framework, enabling students to gain a confident understanding of the essential principles. Readers wanting to explore areas of interest in more depth are encouraged to do so by further consulting the references included in the footnotes.

Key Features 

• Provides a clear and current explanation of the concepts and principles of the Malaysian land law administration and procedure as applicable in Peninsular Malaysia.
• Discusses major characteristics and general features of Malaysian land law and its development through a discussion of the provisions of the National Land Code (Revised 2020) as well as other relevant statutes and judicial decisions.
• Includes useful examples, extracts, diagrams, and sample documents to support the learning process.
• Case law analysis illustrates the law in action, helping students to visualise the real-life applications of the law and demystify abstract concepts.
• Contains instructive references for further research.

Table of Contents

1. Evolution of Land Administration System in Peninsular Malaysia
2. The Torrens System and its Application in Peninsular Malaysia
3. General Concepts of Real Property
4. Extent and Nature of the Enjoyment of Land
5. Rights and Powers of the State Authority
6. Protection of Unregistered and Registrable Interests
7. Dealings and Registration of Dealings
8. Indefeasibility of Titles and Interests
9. Dealings to Transfer Title and Interest in Land
10. Leases and Tenancies
11. Easement
12. Security Dealings Over Land or Lease
13. Malay Reservation Land: Part 1
14. Malay Reservation Land: Part 2
15. Compulsory Acquisition of Land
16. Strata Titles
17. Land Development