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Disputes and issues arising from unlawful occupation of state land in Malaysia

Syed Abdul Kader , Sharifah Zubaidah (2012) Disputes and issues arising from unlawful occupation of state land in Malaysia. In: Disputes and Issues in Property and Land Laws in Malaysia, 29th June 2012, JW Marriot Hotel Kuala Lumpur. (Unpublished)

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Abstract

The National Land Code 1965 declares in section 48 that there shall be no adverse possession in respect of state land and under section 425, those who are in unlawful possession of state land commit a statutory offence liable to a fine not exceeding RM10,000 and/or imprisonment for one year or both. This presentation discusses concepts relating to unlawful occupation of land, identifies the types of disputes and issues relating to the matter and explores the position under the National Land Code and differentiates the position under Malay customary tenure. Judicial approaches to unlawful occupation of state land are then discussed with reference to decided court cases on the matter. The presentation then looks at the issues of enforcement and concludes with an explanation of the human rights dimension.

Item Type: Conference or Workshop Item (Lecture)
Additional Information: 1742/28404
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Assoc. Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited: 11 Jan 2013 14:48
Last Modified: 13 Feb 2013 22:47
URI: http://irep.iium.edu.my/id/eprint/28404

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