D10 Laws relating to Property

Before going into the syllabus, I would like to bring forward some points.

To me this is the most complicated paper to study. Why?

The Laws (being plural) relating (very broad as like your relatives) to property (buildings, land, agriculture, etc) is a paper where new things had been included in examination although it might not been mentioned in syllabus.

The more recent statutes (not in the Rules & Guidelines to Part I & II, Estate Agent Examination, (2nd Edition) 1st January, 2005 – hereafter “Rules & Guidelines 2005”) are:

  1. Building and Common Property (Maintenance and Management) Act, 2007
  2. Town and Country Planning Act, 1976
  3. Housing Development (Control and Licensing) Act, 1966

The rest are included in the syllabus (Rules & Guidelines, 2005):

  1. National Land Code, 1965
  2. Land Acquisition Act, 1960
  3. The Constitution
  4. Strata Titles Act, 1985
  5. Strata Titles (Federal Territory of KL) rules, 1988

The Syllabus as verbatim from Rules & Guidelines, 2005 (you can buy it at RM10.00 from LPPEH) as follows:-

The general nature and classification of estates and interests in land with special reference to the National  Land Code and State Land Rules: historical background, definition of land, rights and powers of State Authority, disposal of land by state authority, forfeiture and surrender, rents, conditions and restriction of title, subdivision, partition and amalgamation, final and qualified title, dealings – transfer, lease, charge, lien, searches collector’s right of way, indefeasibility of title. Torrens System.

Laws relating to sales of land, mortgages in outline, mining certificates and mining lease, power to acquire land and to enter land for the purpose of construction of electric installations – compensation provisions.

Development plan and planning control: development charge, purchase notice, development area.

Muslim law on distribution of landed property.

Compulsory acquisition: purpose, procedure at Collector’s inquiry, appeal, court procedure, notices, case laws. The rules of evidence as they apply to expert witnesses in court.

Landlord and Tenant: creation of leases, elements, termination, covenants, an outline of the main statutory provisions relating to agricultural, residential and commercial tenancies as contained in the Malays Reservation Enactments and Strata Titles Act.