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Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century

Torrens system was introduced to provide certainty and accuracy of title and to avoid any legal problems of dual dealings. One of the earliest land registration codes was the Selangor Registration of Titles 1891. Section 4 of the Code, had applied a strict rule of registration of rigid application o...

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Main Authors: Mohamad, Nor Asiah, Mubarak Ali, Bashiran Begum
Format: Conference or Workshop Item
Language:English
English
Published: 2007
Subjects:
KPG Malaysia
Online Access:http://irep.iium.edu.my/25490/1/Challenges_of_the_Malaysian_Torrens_System.pdf
http://irep.iium.edu.my/25490/3/Southern_Johor_Development.pdf
http://irep.iium.edu.my/25490/
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spelling my.iium.irep.254902015-04-08T18:29:32Z http://irep.iium.edu.my/25490/ Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century Mohamad, Nor Asiah Mubarak Ali, Bashiran Begum KPG Malaysia Torrens system was introduced to provide certainty and accuracy of title and to avoid any legal problems of dual dealings. One of the earliest land registration codes was the Selangor Registration of Titles 1891. Section 4 of the Code, had applied a strict rule of registration of rigid application of registration whereby any land transactions that had to be registered shall be declared null and void. The provision had been repealed. Even though the courts have themselves to closely interpret the law according to the intention of the legislature but differences of opinion still occur and in many instances the law has been constructively interpreted by the court. This is due to the vast land development and the frequent changes in the land policy. The objective of this paper is to analyse certain areas in land law that poses challenges to a healthy development of the dynamic Malaysian land system. The latest judgement, for example, on the effect of registration of title which gave rise to the immediate indefeasibility of title in Adorna Properties v Boonsom Boonyanit2 has been received with mixed views and unwelcome comments. By virtue of that, other issues have appeared and need serious attention; such as security of land title, the insurance policy for land. the right pf the bona fide purchaser, the position of notice of any earlier interest and also the encroachment of equitable rights and interest under the Malaysian land tenure. Moreover, in the era of globalization and computerization, there is always a question for all the land owners as to what extent the government is seriously looking into these problems. How prepared is the government in facing all these future challenges strategically, physically, and financially. 2007 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/25490/1/Challenges_of_the_Malaysian_Torrens_System.pdf application/pdf en http://irep.iium.edu.my/25490/3/Southern_Johor_Development.pdf Mohamad, Nor Asiah and Mubarak Ali, Bashiran Begum (2007) Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century. In: Seminar on Southern Johor Development: Prospects and Challenges in the 21st Century, 28th June 2007, The M-Suites Johor Bahru. (Unpublished)
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic KPG Malaysia
spellingShingle KPG Malaysia
Mohamad, Nor Asiah
Mubarak Ali, Bashiran Begum
Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
description Torrens system was introduced to provide certainty and accuracy of title and to avoid any legal problems of dual dealings. One of the earliest land registration codes was the Selangor Registration of Titles 1891. Section 4 of the Code, had applied a strict rule of registration of rigid application of registration whereby any land transactions that had to be registered shall be declared null and void. The provision had been repealed. Even though the courts have themselves to closely interpret the law according to the intention of the legislature but differences of opinion still occur and in many instances the law has been constructively interpreted by the court. This is due to the vast land development and the frequent changes in the land policy. The objective of this paper is to analyse certain areas in land law that poses challenges to a healthy development of the dynamic Malaysian land system. The latest judgement, for example, on the effect of registration of title which gave rise to the immediate indefeasibility of title in Adorna Properties v Boonsom Boonyanit2 has been received with mixed views and unwelcome comments. By virtue of that, other issues have appeared and need serious attention; such as security of land title, the insurance policy for land. the right pf the bona fide purchaser, the position of notice of any earlier interest and also the encroachment of equitable rights and interest under the Malaysian land tenure. Moreover, in the era of globalization and computerization, there is always a question for all the land owners as to what extent the government is seriously looking into these problems. How prepared is the government in facing all these future challenges strategically, physically, and financially.
format Conference or Workshop Item
author Mohamad, Nor Asiah
Mubarak Ali, Bashiran Begum
author_facet Mohamad, Nor Asiah
Mubarak Ali, Bashiran Begum
author_sort Mohamad, Nor Asiah
title Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
title_short Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
title_full Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
title_fullStr Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
title_full_unstemmed Prospect and challenges of land development: challenges of the Malaysian torrens system in the 21st century
title_sort prospect and challenges of land development: challenges of the malaysian torrens system in the 21st century
publishDate 2007
url http://irep.iium.edu.my/25490/1/Challenges_of_the_Malaysian_Torrens_System.pdf
http://irep.iium.edu.my/25490/3/Southern_Johor_Development.pdf
http://irep.iium.edu.my/25490/
_version_ 1643608941716832256
score 13.211869

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