LAW504 Land Law I Assignment Answer Malaysia

LAW504 Land Law I is a core unit for students studying a Bachelor of Laws (LLB). The unit provides an introduction to the law of property, which is the legal term for land. The unit covers a range of topics, including the history and theory of property law, ownership and possession, easements, and co-ownership.

The unit also explores the interface between property law and other areas of the law, such as planning law and indigenous land law. By the end of the unit, students will have developed a sound understanding of the basic principles of property law. They will also be able to apply these principles to solve practical problems.

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Assignment Activity 1: Describe the concept of proprietorship and registration under the Torrens system.

The Torrens system is a system of land registration that provides a guarantee of indefeasibility of title to registered land. It is based on the principle that ownership of land should be evidenced by a single, definitive document (title), which should be conclusive evidence between the parties as to the state and ownership of the property. The title issued under the Torrens system is known as a Torrens title.

Under the Torrens system, proprietorship and registration are not two separate concepts but are combined into one comprehensive process. Proprietorship is evidenced by possession of the title deed, while registration provides public notice of change in ownership and other interests in relation to the land.

Assignment Activity 2: Analyze the nature and efficacy of land law in Malaysia.

Malaysian land law is a complex web of legislation, regulation, and case law that can be difficult to unravel. A basic understanding of the different types of land tenure in Malaysia, their respective rights and obligations, and the process of acquiring land will likely be helpful in analyzing the nature and efficacy of land law in Malaysia.

Under the Federal Constitution, all lands in Malaysia are vested in the Crown. The State has the power to dispose of all such lands other than timberland and mineral wealth (section 121). In other words, all Malaysian lands not specifically reserved for certain purposes such as forestry or mining are owned by the State government. This includes agricultural land, residential land, commercial land, etc.

There are three types of landed property in Malaysia:

Freehold property: This is a property that can be owned outright, with no time limit on the ownership. The owner has the right to sell, lease, or mortgage the property as they see fit.

Leasehold property: This is a property that is leased from the State for a specified period of time, typically 99 years. The lease can be renewed at the end of the term. The owner has the right to sell, lease, or mortgage the property during the term of the lease.

Strata title property: This is a property that is part of a larger development, such as an apartment block or office complex. The owner has the right to sell, lease, or mortgage the property as they see fit.

Each type of property has its own set of rights and obligations attached to it. For instance, leasehold properties are subject to certain restrictions on their use, such as not being used for certain types of businesses or being required to obtain planning permission before making changes to the property.

Assignment Activity 3: Apply and discuss legal principles to problem-solving.

There are a number of legal principles that can be applied to problem-solving. The following are some examples:

The principle of legality: This principle states that the law should be clear and predictable so that people can know what is expected of them. This helps to ensure that the law is applied fairly and consistently.

The principle of proportionality: This principle states that the punishment should fit the crime. This means that the penalties for breaking the law should be reasonable and not excessive.

The principle of natural justice: This principle states that people should be treated fairly and given a chance to tell their side of the story before a decision is made about them. This helps to ensure that decisions are made fairly and objectively.

The principle of fairness: This principle states that people should be treated equally and given the same opportunities. This helps to ensure that everyone has a fair chance in life.

The principle of accountability: This principle states that people should be held responsible for their actions. This helps to ensure that people are accountable for their behavior and that they take responsibility for their actions.

Applying these principles to problem-solving can help to ensure that decisions are made fairly and objectively and that people are treated equally.

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