CHYREL RACHEL JAMES LEB130020
LAND LAW I SEMESTER 1 (2014/2015)
The Position of Squatters in Malaysia
When a person remains on a land of someone else without holding a title, a right or made any payment of rent, he is said to be a squatter 1. In other words, a squatter is someone who unlawfully occupies an uninhabited building or unused land. Hans Pruijt, a Dutch sociologist, in his research entitled “The Logic of Urban Squatting”, Squatting” , separated squatters! into " different categories, i.e. depri#ation$based, an alternati#e housing strategy, entrepreneurial, conser#ational and political%. Squatting is is when someone occupies the land without the owner!s permission, often without &nowledge and any right to do so. 'he position of squatters in other countries may differ from (alaysia. In )ngland, squatting is criminalised under *ection 1++ of the egal -id, *entencing and Punishment of ffenders -ct %/1%0. In addition, squatting addition, squatting in in *cotland is punishable by fine or imprisonment under the 'respass *cotland2 -ct 134" +. Howe#er, in 5nited *tates of -merica, the doctrine of ad#erse
1 Squatte La! " Le#a$ De%&'t'& (&*) Squatte La! " Le#a$ De%&'t'& Ret'e+e* ,-t.e 12 2014 tt//*e%&'t'&u$e#a$-//qua tt//*e%&'t'&u$e#a$-//quatte/ tte/ 2 6u'7t H (2013) Te L#'- 8.a& Squatt'&# I&te&at'&a$ Ju&a$ 8.a& a&* Re#'&a$ Reea- 39(1) 22:41 Ret'e+e* ,-t.e 10 2014 D,I101111/714;<:242920120111;= building(1)A e& 3 Section 144 - Ofence o squatting in a residential building(1)A -'t a& >e&-e '? (a)te e& ' '& a e'*e&t'a$ .u'$*'&# a a teae a+'&# e&tee* 't a a teae (.)te e& @&! u#t t @&! tat e e ' a teae a&* (-)te e& ' $'+'&# '& te .u'$*'&# '&te&* t $'+e tee a& e'*
4 Section 3 - Parties lodging in premises or encamping on land, without permission, guilty o an ofenceE+e ofenceE+e e& ! $*#e '& a& e'e --u'e e&-a & a& $a&* .e'&# '+ate et !'tut te -&e&t a&* e''& te !&e $e#a$ --u'e u- e'e $a&* a&* e+e e& ! e&-a $'#t a %e & &ea a& a* e&-$e* -u$t'+ate* $a&* '& &ea a& $a&tat'& !'tut te -&e&t a&* e''& te !&e $e#a$ --u'e u- a* $a&* $a&tat'& a$$ .e #u'$t a& >e&-e u&'a.$e a ee'&:ate +'*e*
CHYREL RACHEL JAMES LEB130020
LAND LAW I SEMESTER 1 (2014/2015)
possessions, in a way, pro#ides for the rights of squatters. 'he doctrine poses a time limit on land owners! rights to e#ict illicit occupants such as squatters. It was further e6plained that the rights by ad#erse possession can be gained only if the illegal occupant belie#e and mista&enly in fact, that he has the present right of ownership which gi#es legal #alidity in his occupancy". (o#ing on to the position of squatters in (alaysia, under the 7ational and 8ode, *ection +%" stated that illegal occupation of a land is an offence against the *tate. 'his shows that squatting is also illegal in (alaysia. In addition, (alaysia has a different stand from 5nited *tates of -merica in regards to the doctrine of ad#erse possession. *ection +3 of the 7ational and 8ode 4 e6plicitly stated that there is no ad#erse possession against the *tate and that under *ection 0+1 9: ad#erse possession shall not e6tinguish titles or interests of land. ne of the ways to e#ict squatters is under rder 3; on *ummary Proceedings for Possession of and: where a proceeding in the court may be brought by originating summons in accordance with the pro#isions in the rder, if a person claims possession o#er a land that is unlawfully occupied by someone else without his licence or consent. Howe#er, in order to be e#icted under rder 3;, squatters must be pro#en to be squatters simpliciter . ne will only be a squatter simpliciter if the *tate -uthority had no &nowledge of his or her presence on the 5 Ma&ate A (1;<) Squatte a&* te La! Te Re$e+a&-e te 8&'te* State E=e'e&-e t Cue&t 6.$e '& te De+e$'&# Cu&t'e Tul. L. Rev 43 4 12 ; Section 4 ! "o ad#erse possession against the StateN t't$e t State $a&* a$$ .e a-qu'e* . e'& u&$a!u$ --uat'& --uat'& u&*e a& $'-e&-e a& e'* !ate+e
9 Section 341 - $d#erse possession not to e%tinguish titles or interestsA*+ee e'& $a&* a& $e&#t t'e !ate+e a$$ &t -&t'tute a .a t te .'&#'&# a& a-t'& te e-+e tee . te 'et a& e& .* e&t't$e* t a& '&teet tee'& a&* a--*'&#$ te L''tat'& A-t 153 a$$ '& & -'-uta&-e eate t e=t'&#u' a& t't$e t '&teet '& $a&*
CHYREL RACHEL JAMES LEB130020
LAND LAW I SEMESTER 1 (2014/2015)
particular land. If it was found that the *tate -uthority was aware of their presence on the particular land, they will not be squatters simpliciter 8. (alaysia has also been implementing the )ssential 8learance of *quatters2
s action on the grounds that they were squatters. It was held in this case that the appellants had no cause of action against the respondent and that they would not succeed as the appellants are squatters. *quatters ha#e no right in law or equity. In another case of )g *en Thong $rs % +rishnan a,l -rumugam ##, the plaintiffs, registered owners of the said land, disco#ered that the defendants had unlawfully occupied < Vellasamy a/l Ponnusamy & Ors v Gurbachan Singh a/l Bagawan Singh & Ors 200; 2 MLJ 915 Re#u$at'& 10 : Nt'-e t e+e quatte a&* *e$' quatte ut 10 1<2 1 MLJ 313 11 1< 5 MLJ 59
CHYREL RACHEL JAMES LEB130020
LAND LAW I SEMESTER 1 (2014/2015)
and built wooden huts on the land. Plaintiffs stated that they had not gi#en any permission to the defendant and his family to occupy the land. 7e#ertheless, the defendants appealed that permission was gi#en by the 1st and %nd plaintiffs when they came and #isited the land. Defendant also stated that they had agreed to tenancy. In addition, the defendants attempted to justify their actions by stating that they are currently homeless. 'he court held that it should not be swayed from its duty to the owner by the plea of homelessness. Plaintiffs were granted #acant possession of the lands. 'a&ing note of what both of the cases had lay down, squatting in (alaysia is clearly illegal and any person found squatting is an offence under *ection +%" of the 7ational and 8ode, as laid down in the case of Sidek bin Haji Muhammad . 'he law does not allow the plea of homelessness to affect the courts! decision from performing its duty to the land!s owner, as e6plained in the case of )g *en Thong . - squatter will ne#er ha#e any legal rights o#er the land he occupied no matter how long he had been occupying it without the &nowledge of the owner of the land. 'he law in (alaysia also does not practice the doctrine of ad#erse possession as stated in *ection +3 and *ection 0+1 of the 7ational and 8ode.
