Equity In Land Law

Abstract

In this article, an attempt will be amde to highlight the uncertainties surrounding the application of English equity to land matters in Malaysia generally and in doing so to suggest solutions and law down certain conclusions where possible. The article will begin with a brief introduction on the structure of the Malaysian Torrens system and its underlying aims and objectives. This will be followed by a discussion on the relevant statutory provisions regulation the application of English land law and equity to land matters in Malaysia. Local decided cases on the matter will be considered next to determine whether the differences in attitude and approach adopted by the courts in dealing with the issue are in conformity with the underlying aims and objectives of the Malaysian Torrens system. The discussion will centre on selected areas of land law. The article will conclude on the future role of equity in its application to land matters in Malaysia generally.