LAND LAW I

GLUE 3033
GROUP B
ASSIGNMENT TUTORIAL QUESTION(WRITTEN)

NAME OF LECTURER: MADAM NAJAH INANI BINTI ABDUL

JALIL

DATE OF SUBMISSION: 1st NOVEMBER 2018

Tutorial questions

Concepts and Contents of Land Law

1. Consider the following examples and decide the question of ownership and possession over
the property. Why?

(a) A pawn his ring at a pawnshop. The receipt requires him to redeem within six months. He did
not redeem within the time limit.

The ownership of the ring ceased to be vanished after the period of six months has lapsed. This is
because the A has not redeemed his pawned ring in the given time of six-month period.

(b) University student renting a house in Kangar.

The University student has a right of possession but not right of ownership. However, as a right of
possession he is entitle to the right to exclude third parties and enjoy a peaceful enjoyment.

(c) A thief who stole a car and abandoned it in the jungle.

The thief has neither the right of possession or neither the right of ownership. This is because the
thief has no such right of ownership as he has stolen the car.

(d) A hijacker of an airplane.

The hijacker has possessed the airplane but he is neither to have the right of ownership nor the
right of possession.

(e) Treasure-trove found in your garden.

According to Section 40 NLC provided all State land and all minerals and rock material on land
vest solely in the State Authority. Thus the treasure-trove belongs to the State Authority.

2. Consider the following examples, and decide whether the interest is legal or equitable, and
why?
(a) A registered proprietor sold his piece of land to B but not registered in B’s name.

The interest of B is not legal but equitable as according to Torren System everything must be
record in the RDT. However, by way of specific performance the B could compel A to registered
the equitable interest as per agreement.

(b) A, a beneficiary of a will, sold this expected share to B. The land was still registered in X’s
name.

The X and B both has equitable interest however according to the maxim of Equity law where
there is equal equity, the first one shall prevail. Hence the X has an enforceable right to exercise
his legal ownership over the land. However, B is entitled for compensation. A also has no right to
give B any legal right as the land is still belong to X. The nemo dat rule principle is to be applied.
The transfer of title to goods (ownership) by gift or sale is subject to the rule known as “nemo dat
quod non habet” which in effect translates as “no one can pass on a better right to ownership than
she or he has”.

(c) T, a trustee in bankruptcy, disposes the bankrupt’s property to C, a creditor. The property is
registered in B, the bankrupt’s name.

The creditor has legal right as the B has gone through a liquidation of an asset when he has
bankrupt. Means all his asset belong to the creditor as he has to pay his debt.

(d) C contracted to sell his land to XYZ Sdn. Bhd., subject to the approval of the State Authority.

XYZ Sdn Bhd has legal right to owned a land as it is legal entity.

(e) P, the holder of a Power of Attorney, transferred a piece of land mentioned in the Power to X,
a minor who was not allowed to hold property, under section 43 NLC.

Section 43 NLC provide that only Natural persons other than minors could owned a land. Thus
the right of interest of X is equitable but not legal.