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UDL3612 Land Law I Tri 1, 2017/2018

Topic 3 Extent of Ownership and Enjoyment of Land

Tutorial 4 (Week 5)

1. As a proprietor, one may not enjoy the absolute rights over his land. Discuss.

2. Read the following cases and discuss to what extent a registered proprietor over an
alienated land may enjoy the right of support of land in “its natural state”:

(a) Madam Chah Siam v Chop Choy Kong Kongsi [1939] MLJ 243; [1939] MLJ
Rep 187;
(b) Ampang Estate Ltd v Guan Soon Tin Mining Co [1972] 1 MLJ 131 HC; and
(c) Guan Soon Tin Mining Co v Ampang Estate Ltd [1973]1 MLJ 25 FC

3. With reference to the relevant provisions and case law (if any), distinguish the
following rights of a registered proprietor of an alienated land under the National
Land Code:

(a) right to subdivision;

(b) right to partition; and
(c) right to amalgamation.

Written exercise:

4. Along is the registered proprietor of land known as Lot 88 in Kampung Aman,

Sepang. In May 2007, Along built a double-storey shop house on the land. At the time
of construction the adjacent land, i.e. Lot 89, was a vacant land. To maximize the
space, Along had the shop house built with its windows and the edge of the roof
protruding into Lot 89.

In September 2008, Hou Choy Kongsi bought Lot 89 and planned to construct a ten-
storey hotel thereon. However, the proposed construction work could not be carried
out due to the protruding windows and roof of Along’s shop house. It was also
discovered later that Along had caused to be inserted ground anchors into Lot 89 in
carrying out the construction work earlier. The ground anchors were 10 metres below
the ground of Lot 89. It was on this area where the ground anchors were the proposed
hotel will be built.

Hou Choy Kongsi requested Along to remove the protruding windows and roof of his
shop house as well as the ground anchors below Lot 89 so as to enable the proposed
construction work to be carried out. Along refused as his son Abeng, a law student,
told him about the Latin maxim cujus est solum ejus est usque ad coelum et ad inferos
(to whom belongs the soil, his it is, even to heaven, and to the middle of the earth).

Upon his refusal, Hou Choy Kongsi has brought an action against Along. Advise
Along on the above matters.
(15 marks)
[Tri 1, 2008/09, Final]

Prepared by Tay Eng Siang, FOL, MMU