Land Law & Conveyancing
Professional Paper · LegalBrief CLP
00 Professional Paper — Prologue ▼

The Professional Paper is a condensed exam covering 4 subjects and is the final hurdle of the CLP examinations — usually tested on the last day.

Subjects

  1. Ethics & Advocacy
  2. Land Law & Conveyancing
  3. Probate & Administration of Estates
  4. Insolvency & Winding-Up

Exam Format

Part A
4 ethics questions — answer 2
Part B
5 questions — answer 3
Land questions
Typically Q5, Q6, Q7
Insolvency
Typically Q8
Probate / Estates
Typically Q9
Strategy: That makes a total of 3 Land, 1 Probate, 1 Insolvency questions — and you must answer 3 from Part B. Plan accordingly.
01 Introduction — The Torrens System ▼

Even though Malaysia's legal system is based on English Common Law, the unique part of our system is that for land law, Malaysia uses the Torrens System. The system originated from Australia and is adopted by Malaysia's land laws, unified under the National Land Code 1965 (NLC).

Two Core Principles

As per s.89 NLC, registered titles provide security in a landowner's title vested in the land. The system operates on two principles:

The "Mirror" Principle
s.89 NLC

The Register Certificate of Title reflects completely the current facts of the person's title. All necessary information regarding the property or land is reflected on both the Register Document of Title and the Issue Document of Title.

The "Curtain" Principle
s.89 NLC

Every registered document of title duly registered under this chapter shall be conclusive evidence.

Exclusion of English Common Law

s.6 CLA excludes English Common Law and Equitable Remedies from being applied to Malaysian land law. Due to the codification of the NLC and its purpose to safeguard the Torrens System, this exclusion is deemed sufficient.

UMBC v PHT Kota Tinggi
Lord Keith
Borneo Housing Mortgage Finance v Time Engineering
02 7 Chapters Overview ▼
1 Torrens System, Disposal of State Land
2 English Equitable Principles essay question
3 Indefeasibility — s.340 NLC essay question
4 Dealings — Transfers, Leases, Security Liens
5 Restraint on Dealings — Registrar's Caveat, Private Caveat, Lien-Holder's Caveat
6 Competing Claims
7 Housing Development Act — governs all condominiums, strata titles
Chapter 7 — Housing Development Act statutes are not provided in exams. Familiarise yourself with the relevant provisions.
03 Torrens System & Application of English Equitable Principles ▼

Key Sections

Section 6 NLC
Section 3 NLC
Section 206(1)(b) NLC
Section 206(3) NLC

Case Laws

UMBC v PHT Kota Tinggi
Lord Keith
Chuah Eng Khong
Templeton
Edgar Joseph Jr
Oh Hiam v Tham
Devi v Francis
Chin Choy v Collector of Stamp Duties
Haji Abdul Rahman v Mohamed Hassan
no mortgage
Eng Ah Mooi v OCBC
equity of redemption applied
Chuah Eng Kong & Phileoallied Bank v Bupinder Singh
absolute assignment as equitable mortgage
Samuel Naik Siang Ting v Public Bank
equitable mortgage vs absolute assignment
Chuah Eng Kong & Phileoallied Bank v Bupinder Singh — absolute assignment by a borrower of all his rights over immovable property with no Issue Document of Title to the lender as security for a loan amounted to an equitable mortgage.

Samuel Naik Siang Ting v Public Bank — distinction between an equitable mortgage and an absolute assignment.
04 Disposal of Land by State Authority ▼

Key Sections

Section 42(1) NLC
Section 43 NLC
Section 76 NLC
Section 81(2) NLC
Section 433B(3) NLC
Form 5

Case Laws

Dr Ti Teow Siew & Ors v Pendrafter Geran Tanah Negeri Selangor
CIMB Investment Bank v Metroplex Holdings
05 Indefeasibility ▼

Key Sections

Section 340(1) NLC
indefeasibility of title
Section 340(2)(a),(b),(c) NLC
exceptions to indefeasibility
Section 340(3)(a),(b) NLC
deferred / immediate defeasibility

Burden of Proof

For fraud or misrepresentation, the burden of proof is beyond reasonable doubt.

Case Laws

Adorna Properties
immediate indefeasibility
Tan Ying Hong
deferred / immediate defeasibility
06 Dealings — Transfer, Easement, Charge, Lease, Tenancies ▼

Key Sections

s.206(3) NLC
s.281 NLC
tenancies <3 years exempted
s.214 NLC
s.215 NLC — Form 14A
s.215(2) NLC
transfer valid only when registered
s.433B NLC
relates to foreigners

Case Laws

Peter Lai Khee Chin & Anor v Collector of Stamp Duties
Jasbir Kaur & Anor v Tharumber Singh
s.215(2) — transfer valid on registration
Tan Suan Sim v Chang Fook
SP to appoint a stakeholder