Challenges in Land Registration and Title Ownership in Malaysia: A Doctrinal Analysis of Case Law

Abstract

Registration of title confers an indefeasible title to any landowner in Peninsular Malaysia. Indefeasibility therefore connotes an unchallenged guarantee that the landowner is legally protected from unlawful deprivation of land ownership. However, with the rising of fraudulent land transactions as well as weaknesses that are embedded in the land registration system, some unfortunate landowners have become victims of the situation. Thus, this research aims at examining issues and challenges within Malaysian Torrens system and its land registration system so that any weaknesses can be unfold to allow necessary intervention for improvement. This doctrinal research will analyse ten case law that have been decided by the Malaysian courts so that comprehension of how deprivation of land ownership occurs within the framework of the current land registration system and the working of the Torrens system. The cases are chosen based on their unique factual scenario, representing various circumstances that have allowed manipulation of law and procedures to defraud innocent landowners. The finding shows that land frauds are committed through impersonation, falsification of signature and legal documents meanwhile on the part of land office officials, their mistakes include failure to follow the prescribed legal procedures under the National Land Code, failure to exercise care and due diligence and failure to maintain an accurate records of the Register of Title. After all, these finding contributes an insight on how to improve the efficacy of the land registration system so that it can provide stronger security of landowner’s proprietorship.