Land Law Quiz: Rights and Agreements
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Questions and Answers

Which of the following is NOT a right of a final title holder?

  • Right to use land for industrial purposes (correct)
  • Right to effect dealings on the land
  • Right to transmit land upon death
  • Right to apply for sub-division

    • The State Authority can forfeit land due to non-payment of any fee due to them.

    True (A)

    What section refers to the rights to transmit land upon death?

    Section 92

    Rent payable in respect of alienated land is considered a __________ due to the State Authority.

    <p>debt</p> Signup and view all the answers

    Match the following provisions with their corresponding actions:

    <p>Section 92 = Rights of final title holder Section 100 = Power of forfeiture due to non-payment Section 93 = Rent as a debt to State Authority Section 14 = Arrears of rent collection rules</p> Signup and view all the answers

    What is required for the State Authority to forfeit land?

    <p>Non-payment of land dues or breach of conditions (B)</p> Signup and view all the answers

    Section 42 refers to permits to remove rock materials.

    <p>False (B)</p> Signup and view all the answers

    What does the term 'alienation' in land law typically refer to?

    <p>The transfer of ownership or rights in a property.</p> Signup and view all the answers

    What is necessary for a lease agreement to be valid?

    <p>It must have a definite duration. (A)</p> Signup and view all the answers

    In Yong Tong Hong v Siew Soon Wah, the court found the agreement valid despite the lack of fixed duration.

    <p>True (A)</p> Signup and view all the answers

    What maximum duration can a lease of a part of a building be according to the section referenced?

    <p>30 years</p> Signup and view all the answers

    In the case of Margaret Chua v Ho Swee Kiew & Ors, the lease agreement was allowed to be enforced in ______.

    <p>equity</p> Signup and view all the answers

    Match the case with its ruling:

    <p>Yong Tong Hong v Siew Soon Wah = Agreement valid despite lack of fixed duration Margaret Chua v Ho Swee Kiew &amp; Ors = Lease can be enforced in equity Unnamed App case = Tenancy for as long as desired</p> Signup and view all the answers

    What was the initial rent agreed upon by the parties in the shophouse case?

    <p>$150 (D)</p> Signup and view all the answers

    A license does not require an intention to create a lease.

    <p>True (A)</p> Signup and view all the answers

    What action did the landlord take in 1966 regarding the tenant?

    <p>Served a 1-month notice to quit</p> Signup and view all the answers

    Which of the following instruments is NOT registrable?

    <p>Security by way of depositing the original IDT (C)</p> Signup and view all the answers

    A tenancy for a term exceeding 3 years is exempt from registration.

    <p>False (B)</p> Signup and view all the answers

    What is the required form for transferring a lease under this Act?

    <p>Form 15A</p> Signup and view all the answers

    An easement is granted under this Chapter by an instrument in Form _____

    <p>17A</p> Signup and view all the answers

    What is the duty of the Registrar concerning instruments presented for registration?

    <p>Determine the fitness for registration (D)</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Lease = An agreement to grant possession of property for a specific period Charge = An encumbrance on property to secure repayment of a debt Easement = A right to cross or otherwise use someone else's land Caveat = A warning or notice of a legal claim on property</p> Signup and view all the answers

    Which instrument is used to grant or release an easement?

    <p>Form 17A (A)</p> Signup and view all the answers

    Any tenancy for a term not exceeding 1 year is subject to registration.

    <p>False (B)</p> Signup and view all the answers

    What is the first condition for an instrument to be fit for registration?

    <p>It must be one of the classes of instrument as authorized in s 292(1) (D)</p> Signup and view all the answers

    The Registrar has a judicious nature of duty in regards to the registration of instruments.

    <p>False (B)</p> Signup and view all the answers

    What must be done to the instrument to register it?

    <p>It must be completed under the Registrar's hand and seal.</p> Signup and view all the answers

    Match the following sections with their content:

    <p>Section 292(1) = Classes of instrument authorized for registration Section 301 = Conditions of fitness for registration Section 206(1)(b) = Non-registration effect on title transfer Section 304(2) = How registration is to be effected</p> Signup and view all the answers

    What effect does non-registration have on an instrument dealing with alienated land?

    <p>It does not operate to transfer the title (D)</p> Signup and view all the answers

    An instrument can still operate even if it has not been registered under Part Eighteen.

    <p>False (B)</p> Signup and view all the answers

    According to the conditions for registration, what must the instrument comply with?

    <p>Provisions of Part Thirteen and Fourteen to Seventeen.</p> Signup and view all the answers

    What section renders the forfeiture invalid due to non-compliance?

    <p>Section 97(2) (A)</p> Signup and view all the answers

    A notice to remedy the breach is required to initiate forfeiture proceedings.

    <p>True (A)</p> Signup and view all the answers

    Under what conditions does a transferee hold alienated land?

    <p>Subject to any registered interests at the time of registration (B)</p> Signup and view all the answers

    A transferee can transfer part of an alienated land according to Section 214 of the NLC.

    <p>False (B)</p> Signup and view all the answers

    What must a land proprietor apply for before transferring a part of land?

    <p>Subdivision and separate title</p> Signup and view all the answers

    Study Notes

    Adverse Possession

    • Adverse possession occurs when someone, without any legal right, takes possession of unoccupied land with the intention of remaining there indefinitely.
    • They may try to justify their actions by claiming homelessness, or that the land was abandoned.
    • Adverse possession does not apply to state land.
    • The National Land Code (NLC) has provisions stating that no title to state land can be acquired through possession, unlawful occupation, or occupation under any license.
    • Unlawful occupation of state land, reserved land, or mining land carries penalties.
    • These actions include occupying state land, constructing buildings, clearing or cultivating the land, or cutting or removing timber or produce, carrying a penalty of up to RM10,000 or imprisonment for one year.
    • The law of adverse possession recognizes that those without formal ownership can still possess land, and lengthy possession can establish a claim.

    Squatters on Private Land

    • Adverse possession is not applicable to extinguish any title to alienated land.
    • Registered landowners are permitted to seek legal action and obtain possession orders to remove squatters.
    • Squatters can access land through seeking court orders.
    • Settlement on uncultivated land will not give ownership through the NLC unless they follow the correct procedures and obtain the appropriate land titles.
    • Attempts to obtain land through unlawful occupation will not lead to ownership.

    Alienation of Land

    • To transfer state land, consider the type—perpetual or term—and the payment terms.
    • State authorities may sell land for various terms, including perpetuity, or leases for a maximum term of 99 years. Land use considerations for public purposes may influence the arrangement.
    • Land within the foreshore or seabed has fixed lease terms, typically 99 years maximum.
    • Qualified titles are granted for properties not yet surveyed, with boundaries considered provisional until finalized. Land under a qualified title cannot be subdivided, partitioned, or amalgamated.
    • Registry titles apply to village lands, rural lands greater than four hectares, and foreshore/seabed (different from land office titles).

    Approval of Land Alienation

    • The State Authority (SA) determines the approval process.
    • Relevant factors for consideration include land area, duration of the lease, form of title, rental rate, and specific conditions and restrictions.
    • Land revenue is due upon approval of the lease and is payable before transfer.

    Forfeiture of Land

    • State authorities have the right to retake alienated land due to non-payment of land tax or violation of conditions.
    • This includes various types of annual and other payments.
    • Failure to meet financial obligations or breach contract stipulations could lead to land forfeiture.
    • Forfeiture procedures involve notifying the delinquent party and offering a period to settle outstanding amounts.
    • If payments are not made, forfeiture proceedings will follow.
    • Property may be seized or transferred to the state.

    Conditions Attached to a Title

    • Express conditions are explicitly stated; they govern how the land can be used, often relating to land use or prohibiting certain activities.
    • Conditions could be for specific uses, such as agriculture or residential purposes only.
    • Implied conditions are understood to be part of the agreement despite not being explicitly stated.

    Express Conditions, and Implied Conditions

    • Specific regulations regarding the land and its use are included as part of any contract.
    • The understanding of common conditions attached to a title is expected to be evident to the parties involved.

    Breach of Conditions

    • Any act that violates the stated and implied conditions attached to a specific title could be cited as a breach; this would result in automatic forfeiture
    • If the violating party refuses to correct the breach, the property may immediately become subject to forfeiture.
    • If the breach can be remedied, the landowner will be notified; failure to address the issue within the required time will result in forfeiture.

    Rights of a Title Holder

    • Alienation under a final title confers indefeasible title.
    • Access to actions relating to subdivision, partition, and amalgamation of land is granted.
    • Rights and permissions to make transactions relating to the land, including sale and transfer when ownership changes, are also part of the entitlement.
    • The right to transfer land under the condition of death is included in regulations.

    Restrictions in Interest

    • Restrictions imposed by the State Authority limit the landowner's power to subdivide, sell, or lease the land.
    • Such limitations might involve a holding period or need for State Authority approval.

    Effective Date of Alienation

    • State land transfer becomes effective upon official registration.

    Disposal

    • The act of disposing of land may take place other than through an actual sale.

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    Description

    Test your knowledge on land law, focusing on the rights of title holders, lease agreements, and related case law. This quiz covers essential sections, definitions, and landmark cases that shape the understanding of land ownership and transactions.

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