Law on immovable property

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2025) Law on immovable property. In: Business and Commercial law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, pp. 479-494. ISBN 978-629-7669-88-5

PDF - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

Property can be divided into two namely, movable property and immovable property. Movable property literally means that property the location of which can be changed such as chattels, while immovable property, as the name suggests, refers to property that cannot be moved from one place to another such as the land and a concrete structure on the land. The right to property is one of the fundamental human rights in the Universal Declaration of Human Rights 1948 where Aarticle 17 declares ‘everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property’. This right is also provided in the Cairo Declaration on Human Rights in Islam 1990, the European Union Charter of Fundamental Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples’' Rights, and the Arab Charter on Human Rights. In Malaysia, the right to property is mentioned in Part II under Fundamental Liberties, namely, article 13 of the Federal Constitution. This article is divided into two parts; the first part is rather a general provision that grants a person the right to property, while the subsequent provision deals with the right to adequate compensation in the case of compulsory acquisition of a property by the State. [13-2] Article 13(1) of the Constitution basically ensures the sanctity of private property in that no one can be deprived of his property save in accordance with law. Having said the above, this chapter discusses the law relating to immovable property and the compulsory acquisition of property by the state for public interest.

Item Type:	Book Chapter
Uncontrolled Keywords:	LAW ON IMMOVABLE PROPERTY
Subjects:	K Law > K Law (General) K Law > K1001 Commercial Law K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	14 May 2025 11:23
Last Modified:	14 May 2025 11:23
URI:	http://irep.iium.edu.my/id/eprint/120922

Actions (login required)

View Item