QUESTIONS

FACULTY OF LAW

LAW504
LAND LAW 1

ASSESSMENT 1 (10%)

INSTRUCTIONS

1. This Assessment is a group assignment (4-5 students in each group).

2. This Assessment consists of FOUR (4) questions.
3. Each group chooses only ONE (1) question.
4. The answer is to be completed and presented.
5. Marks will be given as follows:-
a) 5% for contents and slides
b) 5% presentation
6. Please include the details of members in the first slide.
7. A hardcopy of the slides is to be submitted before the presentation.
8. Presentation will be done during tutorial sessions. (Week 12-13)
9. Marks will be deducted to those who were absent during the presentation.

ALL THE BEST!

QUESTIONS

1. Audriey is a registered proprietor of a one (1) semi-detach house held under

title HSD 5641 PT No.23441 Mukim Sepang Daerah Sepang Negeri Selangor
Darul Ehsan having postal address at No 30 Jalan Cempaka 3, Taman
Cempaka, Bandar Baru Salak Tinggi, 43900 Sepang Selangor (hereinafter
referred to as "the property"). The property is encompassed by panoramic vistas
of valleys, trees, and mountains. Audriey positioned a sauna booth adjacent to the
window in order to fully appreciate the scenery. Due to Audrey's frequent business
trips, she lists the property on Airbnb. Nevertheless, in January 2023, she
successfully sold the property for a sum of RM 750,000-00 to Pn Ainurr, a customer
who had previously resided at her Airbnb accommodation. Pn Ainurr received the
vacant possessions in June 2023. Unexpectedly, there have been alterations to the
interior, and the state of the house differs from her previous visit in December 2022.
The captivating vistas can no longer be observed from within the residence, as the
"transparent window" has been substituted with an opaque window, and the sauna
booth is nowhere to be found. Pn Ainurr was devastated and wish to take action
against Audriey. Advise Pn Ainurr.
(20 marks)

2. Azraa is the registered owner of a piece of land held under title Geran 197 Lot
5, Mukim Tanah Rata, Daerah Cameron Highlands Negeri Pahang. The
adjacent lot, Lot 6, belongs to Qazrien, a businesswoman. Qazrien had
erected a five-storey shophouse which had been converted into a hotel.
Qazrien had applied for permission to build side windows protruding into Lot 5
for aesthetic value and undertook to remove them so they would not obstruct
the construction of any building on Lot 5 which was then still vacant. Her
application was approved on condition that the protrusions had to be removed
the moment the registered owner of Lot 5 intended to build their land.
Subsequently, Azraa, who intended to build a hotel on Lot 5, asked Qazrien to
remove the protrusions, but she failed to do so. Azraa also alleged there is
trespass against her right to enjoy the land upon discovering that Qazrien
constructed a side exit, sewerage system, manholes and septic tank which
encroached on Lot 5. Qazrien however claimed that the side exit, sewerage
system, manholes and septic tank is for public use thus should remain as it is.
Advice Azraa.
(20 marks)
QUESTIONS

3. Gracie Ventures Sdn Bhd (GVSB) was granted a permit to remove sand in
Ulu Mahang, Kedah (tha said land). The permit was issued on 23 February
2022. On 12 December 2022, GVSB discovered that they have yet to reach
the amount specified in the permit and continued the extraction until they
reached the quantity specified in the permit. They continued the extraction
until 23 February 2023 and only vacated the said land in early April 2023.
GVSB later requested the refund of the security deposit paid to the state
authority for the permit. The State Authority however informed that they had
forfeited the security for rehabilitation of the said land. Unsatisfied by the
situation, GVSB appealed to the State Authority for the refund of the security
deposit claiming that the state authority has no right forfeit the security
deposit. Advice the GVSB for possible legal action.
(20 marks)

4. Lily, a businesswoman, applied to the state authority for alienation of a piece of

land in Jempol, Negeri Sembilan (the said land) in March 2022. The state
authority approved her application in October 2022, and Form 5A was issued in
the same month for the purpose of payment of Land Revenue where it states
that the payment is to be made within three (3) months from the date of service
of the notice. In April 2023, Lily attempted to make payment in accordance with
Form 5A, but the State Authority rejected her payment due to lapse of time.
Lily, however, argued that the State Authority has no reason to reject her
payment once Form 5A is issued to her. The State Authority informed her that
her application has lapsed due to the failure to pay Land Revenue under Form
5A. Lily argued that the notice was only delivered to her on January 2023, as
she had moved to another house since October 2022. Since she had made
plans to develop the said land, she re-applied for alienation of the said land in
mid July 2023. However, she was informed that the state authority had issued
another Form 5A to Mr Erfann for alienation of the said land. Advice Lily.

(20 marks)