Land Alienation, Land Ownership, Land Acquisition & Malay Reserve Land

30 Mar, 2022, Remote Online Training - Public

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Learn from the Best

 

PROF. DR. SHARIFAH ZUBAIDAH BINTI SYED ABDUL KADER

 

Bachelor of Laws (Honours) IIUM 1991, Master of Comparative Laws (IIUM) 1994, Doctor of Legal Science (SJD, Bond University, Australia) 2002, Non-practising Advocate & Solicitor, High Court of Malaya.


Prof. Sharifah is professor at the Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, having served as an academic staff since 1994. She teaches Land Law to third year law students. Is currently the Associate Editor for INSAF Journal of the Malaysian Bar, Coordinator of the Property Law Research Unit (PLRU) and Member of the Climate Change Policy and Law Centre at IIUM. She was Deputy Dean (Academic Affairs) Ahmad Ibrahim Kulliyyah of Laws (2008-2010) and Director, International Centre for Waqf Research (ICWR-IIUM) (2014-2017).

 

Prof. Sharifah has been involved in training programmes relating to property law organized by UNHABITAT and various government agencies (ILKAP) and the Malaysian Bar. She has authored 21 journal articles and 15 chapters in books and co-authored/ edited 5 books, namely Land Use Planning and Environmental Sustainability (IIUM Press, 2006), Principles of Land Law (Lexis Nexis, 2008), Student Guide on Equity and Equitable Remedies (Lexis-Nexis, 2016), Waqf in Selected Asian Countries (PNMB, 2019) and most recently, Malaysian Land Law and Procedure (Thomson Reuters, Sweet & Maxwell, 2022).

Venue Details

Remote Online Training - Public

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

COURSE OBJECTIVE

The morning discussion will begin on the legal position of the State Authority and its discretionary power to dispose “state land” – either by way of alienation (freehold or leasehold) or otherwise than by alienation (via TOL, issuance of permits or reservation of land).

 

This will be followed by a discussion on the various types of land titles issued to landowners, express conditions, implied conditions and the impact on future development and land dealings. The concept of indefeasibility will be explained, and why “security of tenure” is important for economic growth.

 

Leading cases will be discussed and the importance of an assurance fund (which is not available in the country) will be explained.

 

The afternoon discussion will begin on the constitutional right to property (Article 13 of the Federal Constitution) and the right of the State Authority to acquire alienated land compulsorily under the Land Acquisition Act 1960.

 

This will be followed by a discussion on several provisions in that Act that set out the mandatory procedure of acquisition. Several leading and latest cases will be discussed, which provide answers whether some provisions in the Act are unconstitutional, and whether land acquisition can be challenged on the grounds of mala fide?

 

This course will conclude with a discussion on certain critical issues affecting Malay reserve land in the nine Malay State.

WHO SHOULD ATTEND
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
  • Academicians
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
COURSE CONTENT
9.00

The State Authority – Discretionary Powers Of Disposal

 

Disposal By Way Of Alienation – Freehold Or Leasehold

  Disposal Otherwise Than By Alienation – TOL, Permits, Reserve State Land
  Can Underground Land Be Alienated? – The Future Of Stratum
 

Can Land Below Water Be Alienated?

 

Land Titles – Final Titles, Qualified Titles, Land Office Titles, Registrar’s Titles

10.45 Express Conditions, Implied Conditions, Restrictions In Interest – Idle Land
  Recognised Land Dealings Under NLC – A General Overview
 

The Caveat System – A Brief Overview

  Indefeasibility – Immediate Or Deferred? Boonsom Boonyanit Case
  Why Assurance Fund Is Necessary
 

Land Development – The Focus On “Sustainable Development”.

1:00 Lunch
2.00 Right To Property – Article 13 Federal Constitution
  Purpose Of Acquisition – Section 3 LAA 1960
  Should There Be A “Pre-Acquisition Hearing”?
  The Acquisition Procedure – From Notice Under Section 4 To Declaration Under Section 8
 

Market Value – Principles Of Compensation

3.45 The Award – Reference To Court; The Role Of Judge And Assessors
  Challenging The Acquisition – Quantum, Validity
  Malay Reserve Land – Wasiat Raja-Raja Melayu
  Restrictions Against Dealings – Lack Of Uniformity Between Cap 142 And Other Enactments
  Proposal For Reform
5:00 End of Course