Category: Law – Property Law

Ever experienced issues with your JMB or MC and it cannot be settled by communicating with them? Well, you may consider lodging a complaint against them. Steps to lodge a complaint: Visit the JMB or MC office and talk to…

Under Schedule G and H of the Housing Development Act (“HDA”), the completion period for a house and an apartment is 24 months and 36 months respectively. Vacant possession has to be delivered once the time is up. But what…

1) What is a charge? A charge is a transaction entered between a registered proprietor of land and a financier whereby in consideration for a loan from the financier the registered proprietor provides his interest in the land as security…

ANG MING LEE & ORS v. MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN KERAJAAN TEMPATAN & ANOR AND OTHER APPEALS [2020] 1 CLJ 162  Background Facts The developer had entered into sale and purchase agreements (“SPAs”) with the purchasers of the condominium…

Can a Private Caveat Be Removed? As per s325, s326 and s327 of the National Land Code (“NLC”) a private caveat may be removed. Who can apply for removal?  1. Caveator himself may withdraw the private caveat as per s325…

Under s4 STA, “common property” means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in a certified strata plan. In short, it is common property if…

You’ve probably come across the terms “parcel”, “accessory parcel” and “common property” when signing a Sale and Purchase Agreement for a condo or apartment unit. So what do those terms mean? Parcel According to s4 of the Strata Titles Act…

Definition Nature Period of the tenancy/lease according to types/parts of land Characteristics Registration under NLC Procedure of Registration Quit Rent Assessment (i.e. cukai tanah and cukai pintu)

Introduction It is necessary for dealings in alienated land or any interest in it to be registered. This is because the National Land Code (“NLC”) requires certain dealings in alienated land or interest in it to be registered under the…

Introduction Under the Torrens system, title to or interest in land vests and divests only upon registration.  Registration is an act of the State and constitutes the final stage of any dealings in land. Under the National Land Code (“NLC”),…

E-Lelong system is an online public auction system in Malaysia that conducts public auction of immovable property for foreclosure proceedings in court where bidders can bid from anywhere without having to appear in court. Through e-lelong system, the descriptions of…

What is inter-floor leakage? Regulation 55 of the Strata Management (Maintenance and Management) Regulations 2015 (‘Regulations 2015’) defined “inter-floor leakage” as any evidence of dampness, moisture or water penetration on the ceiling or any furnishing material that is attached, glued, laid or…

Issues Whether the date for calculation of liquidated agreed damages (‘LAD’) begins from the date of payment of the booking fee/deposit/initial fee or the date of the sale and purchase agreement. Whether computation of LAD for the completion of common…

Issues  Whether the Federal Court Decision in  Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281 applicable to the present facts. Whether the Minister is empowered to grant…

Note: This article does not only apply to condominiums, but to any other high rise properties as well. Living in a condominium does have its fair share of pros and cons. Despite having a management that is responsible of maintaining…

For many first time or even regular property investors, buying and selling a property in Malaysia can be a complex process as it includes a range of administrative and legal procedures. A conveyancing lawyer, or formally known as a solicitor,…

Transferring ownership of something as important as a property requires some crucial legal steps. Here are the 5 key steps in the legal process of buying a house, and the documents that go along with them. 1. Home Loan Searching…