1.
DISPOSAL OF LAND
LLB 30203 LAND LAW I
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2.
OVERVIEW OF LAND DISPOSAL
 Land disposal means any disposal of land by the state authority.
 All lands belong to the state.
 Section 5:
I. State land - all lands in the state other than alienated land, reserved land,
mining land and any land which is for the time being reserved forest.
II. State Authority - the ruler or governor of the State, as the case may be.
 Thus, the state authority has power to dispose any state land in the state.
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3.
POWER OF DISPOSAL
DISPOSAL BY ALIENATION
• PERPETUITY
• LEASEHOLD
DISPOSAL OTHERWISW THAN BY ALIENATION
• RESERVED STATE LAND AND
GRANT LEASE
• PERMIT FOR TOL
• PERMIT FOR EXTRACTION AND
REMOVAL OF ROCK MATERIAL
• PERMIT THE USE OF AIR SPACE
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4.
RESTRICTION TO THE POWER OF
DISPOSAL
 1. SA may not dispose of any land for the
purpose of mining.
 2. It cannot permit the extraction or
removal of local material for the purpose of
obtaining metal or mineral
 3. SA may not dispose of any land for the
purpose of removing any forest produce.
 4. It may not alienate any land held under
category agriculture purpose.
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5.
DISPOSAL BY ALIENATION
 Disposal by alienation is provided for in section 76 of NLC.
 Alienation means disposal of state land in perpetuity or for a
term of years.
 Consequently, the state land now becomes alienated land.
 Section 5 - Alienated land means:
 Any land in respect of which a registered title for the
time being subsists, whether final or qualified and
whether in perpetuity or for a term of years.
 Any person may apply to the State Authority for State land.
 Persons & bodies entitled for disposal – section 43 of NLC.
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6.
 Any person interested in acquiring and owning
land may apply to the State Authority for state
land.
 A formal application has to be submitted and
certain formalities and regulations have to be
complied with.
 The State Authority may after due consideration
grant the land applied for to the successful
applicant the land applied for.
 This is commonly referred to as alienation of
land.
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7.
 Alienation of state land are subject to
the following terms and conditions :
 1. payment of rent,
 2. payment of premium,
• 3. subject to a category of land; and
• 4. subject to conditions and restrictions
in interest.
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8.
CATEGORIES- FREEHOLD LAND
 It refers to the land which has been alienated by the
State Authority to a person in perpetuity.
 The person and his successors in title will hold the land
for an indefinite period.
 A.k.a. freehold title.
 In general, State authorities do not dispose of State land
in the form of grants in perpetuity ~ refer to section
76(aa).
 This is a new amendment enacted under the
Amendment Act A 587, which came into force on 25
March 1985. Prior to this date, the state was at liberty to
alienate land to private individuals and corporation in
perpetuity.
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9.
• A perpetuity grant could only be made for the
purposes stated under section 76(aa).
• First is where the Federal Government requires the
State Authority to cause a grant in perpetuity to be
made to the federal Government.
• Secondly, where the state Authority is satisfied that
the land is to be used for public purposes, eg, a
public hospital or school.
• Thirdly, where the state Authority is satisfied that
there are special circumstances which render it
appropriate to do so.
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10.
CATEGORIES- LEASEHOLD LAND
 It refers to the land which has been alienated by the
State Authority to a person for a term of years.
 The person and his successors in title will hold the
land for that period of years as granted by the State
Authority.
 A.k.a. leasehold title.
 Section 76: The duration of the lease cannot exceed
99 years.
 Upon expiry of the lease period, the land should
revert to the state.
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11.
Q: What Happens Upon Expiry of the
Fixed Term?
• section 46(1)(a) NLC states that such land
would then revert to the SA.
• When this happens, such land will cease to
become alienated land and will revert to
the status ‘state land.’
• A fresh application for alienation is
necessary before its expiry if the proprietor
wishes to continue being the proprietor of
the said land.
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12.
TYPES OF LAND TITLES
 The end product of alienation is land title.
 The Titles under which state land may be alienated under
the NLC may either be in the form of Registry Titles or
Land Office Titles
 ( sec. 77(3) NLC).
 Owner of land in the former category will invariably have to
go to the State to sort out their land matters.
 Whilst owners of land in the later category will only have to
visit the nearest Land Office in their district.
 Land Titles appear in two forms:
 1. Qualified Titles; and
 2. Final titles
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13.
TYPES OF LAND TITLES
 Types of title that may be alienated by the
State Authority:
1. Final title; or
a. Registry title; or
b. Land office title.
2. Qualified title.
a. QT corresponding to Registry title; or
b. QT corresponding to Land office title.
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14.
FINAL TITLE
• FT may be issued only after the land has
been surveyed (to determine the exact
size and boundary marks) and a certified
plan has been approved by the director
of survey.
• When FT is issued, the NLC confers on
the owner an indefeasibility of title as
provided for in section 340.
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15.
QUALIFIED TITLE
 QT may be issued at any time after its alienation has
been approved by the State Authority.
 The actual areas and boundaries of land under QT
are only provisional as the land has yet to be
surveyed / still tentative.
 A.k.a ‘Hakmilik Sementara’ in Malay.
 The abbreviations Q.T. or H.S. in Malay are
commonly used to identify qualified titles.
 When any land held under a qualified title has been
duly surveyed, a final title will then be issued in
continuation of the qualified title.
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16.
• the forms of QT correspond to those of final
titles and are also divided into two classes, one
corresponding to Registry Titles and the other
to Land Office titles.
• Accordingly, they are subject to the same
administrative division, but for them a separate
register is used in the Registry in respect of
each district within the state and, in the case of
Land Office titles, a separate register is used in
the Land Office in respect of each Mukim
within its district.
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17.
REGISTRY TITLE
• Registry title is registered by the Registrar in the
registry of title. (i.e. PTG office of each state).
• A registry title is issued in the case of town land or
village land or any lot of country land exceeding 10
acres or four hectares in area, and any part of the
foreshore or seabed.
• Registry Titles may either take the form of Grant (in
Malay, “Geran”) or of state leases (known in Malay
as ‘Pajakan Negeri’), according to whether such
lands are alienated in perpetuity or for a term of
years.
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18.
LAND OFFICE TITLE
 Land Office Title is registered by the Land
Administrator at the land office of the
district.
 A land office title is issued in the case of
any lot of country land not exceeding ten
acres in area or four hectares in area.
 Land Office Title may either take the form
of Mukim Grants ( an alienation in
perpetuity) and Mukim Lease(an alienation
for a term of years).
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19.
Register Document of Title & Issue
Document of Title
• The end result of alienation is a registered title.
• Irrespective of whether the title is a Land Registry
title or a Land Office title, the original copy of the
grant or lease. As the case may be, constitutes a
separate folio in the appropriate register in the land
Registry or the land Office respectively.
• It is not taken out or removed from the Land
Registry or the Land Office and is known as ‘the
register document of title’(RDT).
• A duplicate copy of the original grant or lease kept
in the land Registry or Land Office is issued to the
land owner.
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20.
Register Document of Title & Issue
Document of Title
• The duplicate copy issued is referred to as the
‘issue document of title’ (IDT).
• Section 89 of the NLC explicitly provides that every
duly registered register document of title shall be
conclusive evidence that the title to the land
described therein is vested in the person or body for
the time being named therein as the proprietor. This,
however, does not extend to issue documents of
title.
• But the IDT are important for purpose of carrying
out dealings in land.
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21.
They are documents of title which may
be deposited for the purpose of the
creation of statutory liens.
For the purpose of the registration of
any registrable dealings by a proprietor
of land, the IDT must accompany the
instrument of dealing when the latter is
presented for registration.
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22.
SIGNIFICANCE OF LAND TITLE
 Section 78(3):
 The land is still state land until a title is
registered and notwithstanding that its
alienation has been approved.
 In other words, when alienation is
approved, the applicant will be informed
about the approval through a letter but
the land is still regarded as state land until
title to the land is registered at the land
office.
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23.
MAHNI V ALI
 Sapiah had applied for state land in Mukim Petaling.
 4th July 1958: her application had been approved.
 She paid the premium, first year’s rent and survey fees.
 Three years later, she sold the land to Mahni and assigned
her beneficial rights to expectation of the land to Mahni.
 Unfortunately, Ali (Sapiah’s step father), who had been
staying on the land all the time, refused to vacate the land
after the sale to Mahni.
 The assignment was registered in November 1963.
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24.
 Held:
 The effect of the contract of assignment was
to make Mahni a licensee of the approved
applicant (Sapiah) and therefore she became
entitled to occupation and possession of the
land.
 Ali was ordered to deliver vacant possession
of the land to Mahni and to pay damages for
trespass and unlawful occupation as he had
no right or title to the possession.
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25.
 Section 89:
 Every register document of title duly
registered under the Code is conclusive
evidence of all the matters appearing therein.
 The alienation of state land confers an
indefeasible title which cannot be set aside
unless and until such registration fall under
section 340(2) of the NLC.
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26.
North East Plantations Sdn Bhd v Pentadbir Tanah
Daerah Dungun & Yang Lain [2011] 4 CLJ 729
 The appellant applied to the State Government for
alienation of 11 lots of land amounting to 10,000
acres in a forest reserve area in the district of
Dungun. The appellant’s application was approved,
and as a result three lots of land were issued with
documents of title upon the appellant paying the
premium.
 For the remaining eight lots of land the premium
amounted to RM2,052,465.30 and Form A under s.
80(3) National Land Code (‘NLC’) was issued to the
appellant for payment of the premium.
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27.
 The appellant attempted to pay the premium but
the first respondent refused to accept. The second
respondent then issued an order that due to a
change in the Government and State
Administration all land administration matters
including registration of titles were adjourned.
The appellant tried again to pay the premium but was
informed that the State Executive Council ('SEC')
had decided to reject the payment of the premium
and had consequently revoked the alienation of the
land that was approved to the appellant for the said
lots.
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28.
Held that:
 The power to refuse the payment submitted by the
appellant was impliedly stated under s. 78(3) NLC.
 That section clearly provided that so long as the land
was not registered in the appellant’s name, it was still
owned by the State Government.
 This accordingly implicitly meant that the State
Government had the power to revoke the previous
approval and reject the payment made by the appellant.
 There was no express provision in the NLC which stated
that the State Government must accept the payment
made by way of Form 5A.
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29.
 Thus, the first respondent’s act of rejecting and returning the
payment made by the appellant was valid and proper following
the provision of s. 78(3) NLC.
 The appellant did not have any legal rights including beneficial
rights towards the eight lots of land even though approval was
granted by the previous SEC (State Executive Council).
 The appellant would only obtain rights over the eight lots of
land if the said lands were registered in his name. As long as
the registration was not done the said lands were still owned
by the State Government and it had the right to conduct any
transactions including giving the title to another party.
 In other words, the State Authority was empowered by the
NLC to revoke approval that had been granted previously,
based on s. 78(3) NLC.
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30.
 Dr Ti Teow Siew & Ors v. Pendaftar Geran-
Geran Tanah Negeri Selangor [1981] 1 CLJ 134;
[1981] CLJ (Rep) 142, Hashim Yeop A Sani J said
that:
 “Registration is central in the Torrens system
and in any statute like the National Land Code
which carries the Torrens system. ...Section
78(3) of the Code determines when an
alienation of State Land shall take effect and it
is clear from that subsection that alienation
takes effect upon registration. ..”
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31.
OTHER THAN BY ALIENATION
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32.
RESERVATION OF LAND
 The state is empowered by section 42(1)(b) to
reserve any parts of the state land as
reserved land.
 Reserved land refers to any land for the time
being reserved for a public purpose such as
forest reserve, road reserve, canal reserve
etc in accordance with section 62.
 Reserved lands are normally maintained by
the officers of the state or federal
departments.
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33.
 Section 62 - The State Authority must gazette
in the Notification:
i. the description of reserved land (i.e lot
number, the area, the location etc);
ii. the purpose for which the land is
reserved and
iii. the officer having control of the reserved
land (e.g. forest officer to control forest
reserve or Muslim Religious Department
- to deal with wakaf).
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34.
• Reserved land can be leased for a maximum
period of 21 years – section 63.
• A lease of reserved land is granted in Form 4E
of the NLC.
• The State Authority may revoke the reservation
of any land but such revocation must follow
certain procedure i.e. notice to revoke must be
gazetted together with the details of the time
and place at which an enquiry will be held and
all reports must be considered – section 64.
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35.
REMOVAL OF ROCK MATERIAL
 Section 5 defines rock material as:
Any rock, stone, granite, limestone, marble,
gravel, sand, earth, laterite, loam, clay, soil,
mud, turf, peat, coral, shell or guano within
or upon any land, and includes also any
bricks, lime, cement or other commodity
manufactured therefrom.
 Section 45(2) prohibits the removal of any rock
material or forest produce beyond the
boundaries of any land, except under license
or permit.
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36.
 The State Authority may grant a permit to extract, remove and
transport rock material.
 The permit may be issued in respect of state land, alienated
land, mining land or reserved land.
 Every permit to extract and remove rock material shall be in
Form 4C.
 The penalty for unlawful extraction or removal of the rock
material is provided under section 426.
i. Fine not exceeding RM 2,000;
ii. Imprisonment not exceeding 6 months; or
iii. Both.
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37.
 Authority to issue permit:
i. State land - Land administrator;
ii. Alienated land – Land administrator subject to
the approval of land owner for permit to be
given to another person;
iii. Mining land – Land administrator with the
approval of the senior inspector of mines for
mining land;
iv. Reserved land – Land administrator for
reserved land approved by the controlling
officer.
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38.
 Conditions of permit – Sec 72 of the NLC:
 Expire at the end of the year even though
specified quantity has not been extracted.
 Use only for the extraction, removal and
transportation of rock material.
 Quantity extracted must not exceed stated
quantity.
 Not capable of assignment- sec 73
 Terminate in the event of death of permit holder
 Cancelled immediately for breach of conditions.
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39.
PERMIT TO USE AIR SPACE ABOVE THE
STATE LAND AND RESERVED LAND
• Section 75A – State Authority can issue
a permit for the purpose of erecting,
maintaining and occupying a structure
over state land or reserved land as an
adjunct to any structure on the
adjoining land.
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40.
PERMIT TO USE AIR SPACE ABOVE THE STATE
LAND AND RESERVED LAND
 Condition of permit: (Sections 75A – 75G).
 The permit is for a period of not exceeding 21 years.
 Reserved land - approval from the controlling officer.
 The structure using air space must be approved by the
appropriate planning authority.
 The permit is subject to an annual payment. ( 75B)
 Upon approval of the application, the LA shall issue on
behalf of the SA, a permit in Form 4D – 75C.
 The permit cannot be assigned except with the approval of
SA.
 The permit can be cancelled upon breach of condition in
which no compensation shall be payable to the permit
holders. (75E+G).
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41.
TEMPORARY OCCUPATION LICENSE (TOL)
• Licence- a licence is given to a person, which is
very much personal and not a subject matter of
assignment, transfer or transmission on death.
• Occupation- there is no element of ownership.
It is an occupational right and the holder has
no right of ownership at all as long as the
licence is valid.
• Temporary- it is a certain period of time and
expires upon the death of the holder. It is
issued personal to the holder.
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42.
 Section 65 – TOL is a license granted by the State to any person
or body to occupy state land, mining land and reserved land for
a definite period and for a restricted permissible purpose.
 Purpose - to give a status to someone, so that he would not be
considered a trespasser.
 TOL can only be issued to those qualified under section 43.
 TOL should be issued only to one person and it is personal and
not a subject matter of assignment, transfer or transmission on
death – section 68.
 TOL confers occupational right and the holder has no ownership
at all.
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43.
PROCEDURE TO APPLY
• 1. Form 4A and attached together with the
Ground plan of the land.
• 2. send the form to land office – Disposal
Division
• 3. a Settlement Officer (S.O) will make a survey-
whether the land is fit or not to be occupied
• 4. if fit, then the application will be submitted
to the Meeting Committee
• 5. after the application was approved, the land
office will issue the licence.
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44.
 Section 66 – Authority to Issue TOL:
i. State land - Land administrator;
ii. Mining land – Land administrator with
the approval of the Senior Inspector Of
Mines for mining land or other officers;
iii. Reserved land – Land administrator for
reserved land approved by the
controlling officer.
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45.
 Section 67 – Duration, conditions & form of
TOL
i. TOL expires at the end of the year – expires
on 31 December
ii. It may be renewed annually but not more
than 3 renewals by the land administrators.
Unless prior written approval of the SA has
been obtained.
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46.
iii. Use for stated purposes only.
iv. Not to be planted with permanent
crop.
v. No erection of permanent building
or structure.
vi. Cancelled immediately upon breach
of conditions.
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47.
 Section 69 – Combined TOL and permit
 It is a TOL coupled with a permit to extract,
process and remove rock material.
 In other words, The licensee can occupy
the land and at the same time extract,
process, remove and transport the rock
material.
 Expires at the end of the specified term
and the maximum term is 5 years and not
renewable (in Form 4B).
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48.
RIGHTS OF TOL HOLDER
• In general, the holder has only an exclusive
possessory right and not proprietary right to
the land.
• The rights would include exclusive use and
enjoyment of the land, the right to the support
of the land and the right of access – section 44.
• Further, the holder also enjoys the subsidiary
rights of the true owner such as the right to
extract, move or use any rock material & the
right to fell, clear, destroy or use any forest
within the boundaries of the land – section 45.
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49.
BASIC PRINCIPLES OF THE TOL
I. No Right to Get Renewal - Sec 67(3)
• The TOL to be renewed annually for a term
not more than one calendar year.
• If renewed, it is only up to the maximum
of three times.
• Any renewals beyond the limit require
prior written approval of the SA.
• Nevertheless, there is no mandatory
obligation on the part of the LA to renew
such TOL for any subsequent year.
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50.
Teh Bee v K. Maruthamuthu
 The TOL holder (Resp) had been occupying the land for more
than 20 years before the land was finally alienated by the SA to
another person (App).
 During that long period, the Resp had built his house on the
land, cultivated it and paid all fees and other monies due to the
SA. Now, the App claimed possession of the land from Resp.
 Held:
 The TOL holder under TOL obtains no legal or equitable rights
over the land he occupies by virtue of license other than to
occupy the land temporarily from year to year if he can have
his license renewed annually, but there is no obligation on the
part of the Authorities to grant a renewal of a TOL for any
subsequent year.
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51.
BLUE OCEAN BIOTECH SDN BHD v. PENGARAH TANAH DAN
DAERAH GALIAN NEGERI PERAK & ORS [2018] 9 CLJ 661
HIGH COURT MALAYA, IPOH
• Under the provisions for granting the TOL,
the SA can, at any time, decline to renew
the TOL if, for any reason, the Government
requires the said land back. The said land,
being under TOL, the plaintiff did not have
any proprietary rights over it.
• The plaintiff was merely permitted to
occupy the said land at a yearly licence.
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52.
BASIC PRINCIPLES OF THE TOL
2. TOL Holder Can Sue in Trespass.
 The right of a holder of TOL would include an
ejectment against the trespasser.
 Julaikha Bivi v Mydin
 The P (TOL holder) alleged that the D was in wrongful
occupation of a house on her land & brought an action in
ejectment plus damages for trespass.
 The D had been in possession of the premises with the
consent of the previous TOL holder.
 Held: The order for ejectment would be made since the
D was a trespasser in law.
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53.
YEOH THEAM POH & ANOR V BENCH WIN SDN BHD AND
OTHER SUITS [2013] 8 MLJ 109
Held that the TOL holder whom license had been
lapsed does not obtain automatic renewal from
the SA. In order for him to continuously occupying
the premises under TOL, he must made an
application for renewal and until the consent and
approval was obtained, he has no right to remain
on the land. If the TOL holder has no right to
remain on the a land, he would be considered as
trespasser.
• He would be subjected to the legal proceeding
for having no valid right over the land.
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54.
Mohd Said v Fatimah [1962] MLJ
328
Held: an ex-TOL holder cannot
maintain an action in ejectment for
trespass against another who is
currently occupying the land.
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55.
3. Dual Purpose of TOL
 The SA may however issued other licenses to
different person in respect of the same land for
different purpose.
 Mohamed v Kunji Mohidin
 The Resp was granted TOL to pluck coconuts from
34 out of 73 coconut trees on the land. Later, SA
granted to the App a TOL for the same land
permitting him to rear poultry on the land.
Misguided as to the extent of his rights, the App cut
down 16 coconut trees and 10 fruit trees.
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56.
 The Resp commenced an action for
damages against the App.
 Held: Since the Resp was not the owner,
he was not entitled to claim damages for
loss of trees but only damages for loss of
income from the coconut trees as for his
licences was merely to pluck coconuts
only.
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57.
4. TOL Not Capable of Being Inherited
 Since a TOL merely confers an exclusive possessory right
to the land and the thing thereon it is not capable of
being inherited and terminates upon the death of the
licence holder.
 Fatimah v Moideen Kutty
 The Resp had been staying on the land which was
originally held by the App’s deceased husband as a TOL
holder.
 After the App’s husband ‘s death in 1962, the LA had
renewed the TOL for the following year in the deceased’s
name.
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58.
 However, after information was received
of the husband’s death, the state refused
to renew it after the end of 1963.
 Held: A TOL conferred on the holder
merely rights of occupation and the
license is personal to holder and it dies
with the holder.
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59.
Papoo v Veeriah
 The widow and administratrix of the deceased TOL
holder applied to the court for an order to transfer to her
own name the estate of the deceased which consisted of
a house built on the land during the deceased’s lifetime.
 Held: Neither the land (the subject of a TOL) nor anything
erected or constructed on the land can be transferred by
the holder to someone else nor can it pass to the
holder’s beneficiaries as part of the deceased’s estate on
the ground that TOL is a license to occupy.
 The license is personal to the holder and it dies with the
holder.
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60.
5. Right to Grant Tenancy
 The TOL holder may deal with his licence in any way as long as
such transaction does not amount to an assignment or transfer
of the licence, in contravention of section 68 of the NLC.
Govindaraju v Krishnan
 The TOL holder rented out 2 rooms of his house which he had
built on the land to the Resp.
 The tenancy was duly determined by a notice in writing.
 Later, the Resp refused to deliver vacant possession arguing
that the tenancy was illegal, void and of no effect because the
landlord (App) was merely a TOL holder.
 Held: the creation of a tenancy by a TOL holder as in this case
does not amount to a transfer or an assignment of his rights
which is prohibited by law.
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61.
• Ban Seng v Yap Pek Soo
• Held: If the holder of TOL builds a house on state land
and lets it out on rent, such letting does not amount to a
transfer of the licence.
• Tindok Besar Estate v Tinjar
• Held : Although TOL is not transferable, the statute does
not prohibit letting out a house built on land held under
a TOL, and thus, the letting on rent does not amount to
transfer of the licence and is not illegal.
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62.
6. No Right of Sale
 Any transfer of the holder’s rights or a sale of his
premises constructed on the land would be unlawful on
the grounds that the holder cannot confer any right
which the holder does not possess in law or in equity.
 Hee Cheng v Krishnan
 The Ptf claimed for specific performance or alternatively
for damages for a breach of contract entered into
between him and the Def for the purchase of a house
built on the TOL land.
 Held: The said contract (for sale of the house) was in
truth and in fact an attempt to sell and to purchase the
D’s rights under the TOL. As such it was unlawful by
reason of section 24 of the CA 1950.
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63.
 Paruvathy d/o Nurugiah v Krishnan s/o Doroisamy
 Held: The document purported to be executed by
the App was void as it was in contravention of
section 68 of the NLC as it purported to transfer the
rights and interests of the App in the TOL.
 It is also to be noted that, except as otherwise
expressly provided, a TOL holder is not entitled,
upon the expiry or cancellation of his licence, to any
compensation whether from the SA or from any
subsequent holder or proprietor of the TOL.
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64.
• ANG TOON CHEW & SONS (M) SDN BHD v
PERSONAL REPRESENTATIVES OF MOHAMED TAIB
BIN YUSOFF, DECEASED[1998] 5 MLJ 481
held that Under s 68 of the National Land Code
1965 ('the Code'), a TOL, being a licence, only
confers a personal right to the licence holder. The
licence is non-transferable or incapable of
assignment. Only the issuing authority of the TOL
has the final say in matters of TOL lands. Thus, an
assignment of the licensed land will be of no effect
and such an assignment will be illegal under s 24 of
the Contracts Act 1950.
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65.
7. No right to charge
• Leong Kim Wong v Chia Teck Kaw [2014]
• In this case, the P charged the land
under TOL as security for the loan
granted to him.
• Held: a TOL is just a licence to occupy
state land. The land still belongs to the
state and therefore it cannot be charged
as security.
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66.
8. No right to compensation
 Teh Bee v K. Maruthamuthu
 Held:
 No circumstances can a person who has occupied land
on a TOL acquires a right to be compensated by a
subsequent holder of a TOL or subsequent proprietor
thereof, under a qualified title or final title, for any
expenses that he might have incurred over the land
during the period in which he occupied it under a TOL.
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67.
• Any improvement of the land undertaken by
the TOL holder which is not allowed under the
licence will go to the State as it forms part of
the land.
• But, however, in respect of structure or crops
on the land which are authorized under the
licence, the court may if the licence is not
renewed, require the state to allow the holder
to remove them.
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68.
9. An Ex-licencee is a Trespasser
 PP v Yap Tai
 The Resp had been in occupation of state land for a number of
years.
 The last licence issued to her expired on Dec 31, 1945 and no
further renewal was granted.
 In May 1946, she was asked to leave and to demolish her house
within 80 days of the service of the notice but she failed to do
so.
 She was prosecuted for unlawful occupation of state land.
 Held: Occupation of state land without licence whether
because it has expired or because it was never acquired is
contrary to the provisions of the Code, in that it is inconsistent
with its provisions and it is intended to be included within the
meaning of the term ‘unlawful occupation’.
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69.
ISSUES ON TOL
• 1. late approval of application by the
Land Office.
• 2. breach of condition/lack of awareness
• 3. fraud/ misuse of licence
• 4. renewal of licence- not paid the
renewal fees
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