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Malaysian Land Law and Procedure
Malaysian Land Law and Procedure
2022-1-26A. J. Maidin | S. Z. S. A. Kader
Malaysian Land Law and Procedure seeks to provide succinct, comprehensive and up-to-date explanation of the concepts and principles of land law for the benefit of legal practitioners, legal and judicial officers, inhouse lawyers, law students, and others seeking to gain understanding of Malaysian land law as embodied in the National Land Code (Revised 2020) (Act 828).
 
This textbook elaborates on the Torrens system as applicable in the land administration system in Peninsular Malaysia, focusing on explaining the statutory provisions of the major areas of land law supported by case law and supplemented with discussion on the procedural aspects.
 
Practical and contextual in its approach, this textbook enlivens the subject from the legal, theoretical, administrative and procedural aspects. Academic details are explained in a straightforward style, enhanced by additional examples, extracts, diagrams, and sample documents which provide the building blocks of a clear framework, enabling readers to gain a confident understanding of the essential principles. Readers wanting to explore areas of interest in more depth are encouraged to do so by further consulting the references included in the footnotes.
 
Key Features 
  • Provides clear and current explanation of the concepts and principles of the Malaysian land law and procedure as applicable in Peninsular Malaysia.
  • Discusses major characteristics and general features of Malaysian land law and its development through a discussion of the provisions of the National Land Code (Revised 2020) as well as other relevant statutes and judicial decisions.
  • Includes useful examples, extracts, diagrams, and sample documents.
  • Case law analysis illustrates the law in action, helping readers to visualise the real-life applications of the law and demystify abstract concepts.
  • Contains instructive references for further research.
 

Format

eBook

Price

(starting at)

RM 354.59

Land Acquisition: a Primer
Land Acquisition: a Primer
2021-10-21Prof Dato’ S. Buang

Land Acquisition: A Primer discusses the principles of law governing compulsory land acquisition in a concise manner. Clearly written, this book provides the basic underlying legal jurisprudence of compulsory land acquisition in Malaysia and highlights landmark decisions governing the compulsory acquisition of privately-owned land.

This book contains 21 chapters which are presented in a systematic order, dealing with, inter alia, the right to property, the purposes of land acquisition, the general and special procedure, the principles of compensation, the role of assessors, the position of paymaster, challenging the validity of the acquisition, controversial acquisitions, acquisition of Orang Asli land and acquisition of wakaf properties.

This book is intended to be a handy textbook for students and serves as an introductory reading for legal practitioners, policy makers, land administrators, land consultants, property developers and other professionals whose nature of work requires them to have a good grasp of the law relating to compulsory land acquisition under the Land Acquisition Act 1960 (Act 486).

KEY FEATURES

  • Written in simple English language for easy understanding of the legal provisions governing the principles of land acquisition.
  • Explains clearly the technical concepts and processes involved in land acquisition and the assessment of compensation.
  • Considers the relevant grounds to challenge the validity of acquisition.
  • Highlights important decisions on compulsory acquisition such as Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat (and Another Reference) [2017] 4 AMR 123, FC, United Allied Empire Sdn Bhd v Pengarah Tanah dan Galian Selangor & 4 Ors [2017] 5 AMR 555, CA and others.
  • Discusses key changes to the provisions of the Land Acquisition Act 1960, as amended by the Land Acquisition (Amendment) Act 2016 (Act A1517).
     

 

Format

Book & eBook

Price

(starting at)

RM 187.20

Management Corporations in Malaysia
Management Corporations in Malaysia
2017-9-29M. Willis

Management corporations have statutory duties and powers under Malaysia's strata laws. Owners, on their part, must be engaged to ensure that their investment, lifestyle and financial well-being are protected and enhanced when living in strata developments. This book gives owners the tools to do that. It expresses in as plain a language as possible the meaning of the key provisions of the Strata Management Act 2013 as well as the Regulations and By-Laws made under it.

In this readable book, the author supplements explanations with informed commentary on the implications of the statutory provisions. In the process, numerous specific and practical suggestions are provided on how to improve strata management practice. The analysis and commentary add significant value to the text. Where appropriate, comparisons are also made with the position in jurisdictions outside of Malaysia to discern best practices.

Drawing on his experience as an owner-occupier of a condominium apartment in Kuala Lumpur and his first-hand knowledge of strata living in Malaysia, the author has prepared an engaging guide on the statutory scheme which impacts on management corporations.

This book will greatly benefit strata property owners and prospective owners as well as professional, industry and consumer associations, the broader real estate industry including valuers, property managers and developers, and state and federal land office/department officials.

NEW IN THIS EDITION

  • description and discussion of the extensive array of duties and legal obligations of management corporations now enshrined in newly prescribed By-Laws
  • description and discussion of the general duties of, and prohibitions placed on, owners and occupiers under newly prescribed By-Laws
  • details and analysis of subject matter contained within By-Laws covering renovations, vehicle use, solid waste disposal and maintenance and management of common property
  • analysis of new ways under which management committees are to function designed to emphasise greater accountability and transparency in the way they function and make decisions
  • inclusion of all prescribed Forms, Notices and Certificates relevant to the day-to-day workings of a management corporation;
  • details of new eligibility requirements for those nominating for membership of representative bodies including the opening up of membership of the management committee to non-owners
  • analysis of the workings of the Strata Management Tribunal
  • special commentaries comparing and contrasting features of Malaysian strata laws with that of overseas jurisdictions including suggestions on how to improve strata management law and practice as well as highlighting omissions and shortcomings
  • case studies based on (real life) factual scenarios pertinent to the operations of management corporations; and
  • references to relevant case law.

Format

Book & eBook

Price

(starting at)

RM 104.00

Malaysian Land Law and Procedure
Malaysian Land Law and Procedure
2022-1-26A. J. Maidin | S. Z. S. A. Kader
Malaysian Land Law and Procedure seeks to provide succinct, comprehensive and up-to-date explanation of the concepts and principles of land law for the benefit of legal practitioners, legal and judicial officers, inhouse lawyers, law students, and others seeking to gain understanding of Malaysian land law as embodied in the National Land Code (Revised 2020) (Act 828).
 
This textbook elaborates on the Torrens system as applicable in the land administration system in Peninsular Malaysia, focusing on explaining the statutory provisions of the major areas of land law supported by case law and supplemented with discussion on the procedural aspects.
 
Practical and contextual in its approach, this textbook enlivens the subject from the legal, theoretical, administrative and procedural aspects. Academic details are explained in a straightforward style, enhanced by additional examples, extracts, diagrams, and sample documents which provide the building blocks of a clear framework, enabling readers to gain a confident understanding of the essential principles. Readers wanting to explore areas of interest in more depth are encouraged to do so by further consulting the references included in the footnotes.
 
Key Features 
  • Provides clear and current explanation of the concepts and principles of the Malaysian land law and procedure as applicable in Peninsular Malaysia.
  • Discusses major characteristics and general features of Malaysian land law and its development through a discussion of the provisions of the National Land Code (Revised 2020) as well as other relevant statutes and judicial decisions.
  • Includes useful examples, extracts, diagrams, and sample documents.
  • Case law analysis illustrates the law in action, helping readers to visualise the real-life applications of the law and demystify abstract concepts.
  • Contains instructive references for further research.
 

Format

Book & eBook

Price

(starting at)

RM 395.20

Management Corporations in Malaysia
Management Corporations in Malaysia
2017-9-29M. Willis|M. J. Willis

Management corporations have statutory duties and powers under Malaysia's strata laws. Owners, on their part, must be engaged to ensure that their investment, lifestyle and financial well-being are protected and enhanced when living in strata developments. This book gives owners the tools to do that. It expresses in as plain a language as possible the meaning of the key provisions of the Strata Management Act 2013 as well as the Regulations and By-Laws made under it.

In this readable book, the author supplements explanations with informed commentary on the implications of the statutory provisions. In the process, numerous specific and practical suggestions are provided on how to improve strata management practice. The analysis and commentary add significant value to the text. Where appropriate, comparisons are also made with the position in jurisdictions outside of Malaysia to discern best practices.

Drawing on his experience as an owner-occupier of a condominium apartment in Kuala Lumpur and his first-hand knowledge of strata living in Malaysia, the author has prepared an engaging guide on the statutory scheme which impacts on management corporations.

This book will greatly benefit strata property owners and prospective owners as well as professional, industry and consumer associations, the broader real estate industry including valuers, property managers and developers, and state and federal land office/department officials.

NEW IN THIS EDITION

  • description and discussion of the extensive array of duties and legal obligations of management corporations now enshrined in newly prescribed By-Laws
  • description and discussion of the general duties of, and prohibitions placed on, owners and occupiers under newly prescribed By-Laws
  • details and analysis of subject matter contained within By-Laws covering renovations, vehicle use, solid waste disposal and maintenance and management of common property
  • analysis of new ways under which management committees are to function designed to emphasise greater accountability and transparency in the way they function and make decisions
  • inclusion of all prescribed Forms, Notices and Certificates relevant to the day-to-day workings of a management corporation;
  • details of new eligibility requirements for those nominating for membership of representative bodies including the opening up of membership of the management committee to non-owners
  • analysis of the workings of the Strata Management Tribunal
  • special commentaries comparing and contrasting features of Malaysian strata laws with that of overseas jurisdictions including suggestions on how to improve strata management law and practice as well as highlighting omissions and shortcomings
  • case studies based on (real life) factual scenarios pertinent to the operations of management corporations; and
  • references to relevant case law.

Format

eBook

Price

(starting at)

RM 93.31

Land Acquisition: a Primer
Land Acquisition: a Primer
2021-10-21Prof D. Salleh B.

Land Acquisition: A Primer discusses the principles of law governing compulsory land acquisition in a concise manner. Clearly written, this book provides the basic underlying legal jurisprudence of compulsory land acquisition in Malaysia and highlights landmark decisions governing the compulsory acquisition of privately-owned land.

This book contains 21 chapters which are presented in a systematic order, dealing with, inter alia, the right to property, the purposes of land acquisition, the general and special procedure, the principles of compensation, the role of assessors, the position of paymaster, challenging the validity of the acquisition, controversial acquisitions, acquisition of Orang Asli land and acquisition of wakaf properties.

This book is intended to be a handy textbook for students and serves as an introductory reading for legal practitioners, policy makers, land administrators, land consultants, property developers and other professionals whose nature of work requires them to have a good grasp of the law relating to compulsory land acquisition under the Land Acquisition Act 1960 (Act 486).

KEY FEATURES

  • Written in simple English language for easy understanding of the legal provisions governing the principles of land acquisition.
  • Explains clearly the technical concepts and processes involved in land acquisition and the assessment of compensation.
  • Considers the relevant grounds to challenge the validity of acquisition.
  • Highlights important decisions on compulsory acquisition such as Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat (and Another Reference) [2017] 4 AMR 123, FC, United Allied Empire Sdn Bhd v Pengarah Tanah dan Galian Selangor & 4 Ors [2017] 5 AMR 555, CA and others.
  • Discusses key changes to the provisions of the Land Acquisition Act 1960, as amended by the Land Acquisition (Amendment) Act 2016 (Act A1517).
     

 

Format

eBook

Price

(starting at)

RM 167.96

Conveyancing in Malaysia
Conveyancing in Malaysia
2010-3-1N. K. Wai

This book is a compendium of the techniques of real property conveyancing. Its main objective is to address issues encountered in conveyancing practice under the Torrens system in West Malaysia. It aims to equip the reader with a competent grasp of the legal principles to support the practice of conveyancing. The discussion however is not based on general land law concepts but is linked to specific issues encountered in practice.

This book has been prepared to be practical in nature and focuses on the mechanics which a practitioner will need in the course of practice whether as a refresher or as a tool to start up quickly. Issues are highlighted and practical solutions given together with case citations which often provide a good guide as to how a conveyancer may avoid potential pitfalls. It also discusses the stamp duty payable on conveyancing instruments and the real property gains tax payable on disposals of real properties.
 
As the sale and purchase of real property is so intertwined with the financing aspects, this book also deals with the conventional financing aspects of real property conveyancing. Focus is given on the methodology and the law behind the creation of land charges and security assignments in relation to properties purchased or refinanced. Certain uncommon conveyances such as those relating to real estate investment trusts and asset securitisation are included for discussion. This book, however, does not cover tenancies or leases.
 
For completeness, this book contains knowledge outside mainstream conveyancing which is often essential to conveyancing transactions such as conversion of land use, planning approval, subdivision of land and buildings and other issues in relation to property development.
 
The final part of the book contains a wealth of forms, precedents and checklists which will prove to be an invaluable resource to the busy conveyancer in carrying out an efficient and productive practice.
 
The book takes into account the Finance Act 2010 which amended the Real Property Gains Tax Act 1976, and the Real Property Gains Tax (Exemption) (No 2) Order 2009 which reimposed RPGT from January 1, 2010. It also includes an addendum on the recent landmark decision by the Federal Court in Tan Ying Hong v Tan Sian San & Ors.
 
Conveyancing in Malaysia: Law and Practice is certainly a very useful book for conveyancing lawyers, both experienced and novice, chambering pupils, as well as legal counsel in the real estate and banking industries.
 
 
About the author
 
Ng Kok Wai graduated from the National University of Singapore in 1988 and has been called to both the Malaysian and Singapore Bar. He has 18 years of legal practice experience in Malaysia in various fields. His past work includes banking (corporate and end-financing and advisory work on related issues such as exchange control); conveyancing and dealings in immovable properties (including a wide range of sale and purchase agreements, land charges, leases, Malay reservation land and property development); capital markets such as issuance of debt securities; and corporate and commercial work (including share acquisitions and due diligence exercises and advisory work on issues relating to the Companies Act such as insolvency and shareholders’ rights).

Format

Printed Book

Price

(starting at)

RM 560.00