Jan 19 2011, 12:16 AM
QUOTE(Hansel @ Jan 18 2011, 10:48 PM)
"If there is no record of presentation, it might lead to several problems:
1) Any claim for ownership of land is subject to a limitation period of 12 years, i.e 12 years from the date your cause of action arises. In this case, it would've lapsed as the property was purchased 22 years ago ;
2) If the vendor now refuses to execute a new MOT to effect the transfer, there is nothing you can do to force him to as limitation has already set in. The Court would not assist you. As such, you'll be stuck with nothing despite having paid the instalments for the past 22 years."
Bro, the information above is indeed interesting. I know of many purcahsers, especially in Malaysia, who bought their properties, but the MOT was never perfected by the developer due to a multitude of reasons.
Are we saying here that if the title was never transferred after 12 Years from the date of signing of the S&P, the land on which the house sits automatically goes back to the developer ?
If you look at section 26 of the Limitation Act it says:1) Any claim for ownership of land is subject to a limitation period of 12 years, i.e 12 years from the date your cause of action arises. In this case, it would've lapsed as the property was purchased 22 years ago ;
2) If the vendor now refuses to execute a new MOT to effect the transfer, there is nothing you can do to force him to as limitation has already set in. The Court would not assist you. As such, you'll be stuck with nothing despite having paid the instalments for the past 22 years."
Bro, the information above is indeed interesting. I know of many purcahsers, especially in Malaysia, who bought their properties, but the MOT was never perfected by the developer due to a multitude of reasons.
Are we saying here that if the title was never transferred after 12 Years from the date of signing of the S&P, the land on which the house sits automatically goes back to the developer ?
"26. Fresh accrual of action on acknowledgment.
(1) Where there has accrued any right of action to recover land or to enforce a mortgage or charge in respect of land or personal property, and -
(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or
(b) in the case of any such action by a mortgage or chargee the person in possession as aforesaid or the person liable for the debt secured by the mortgage or charge makes any payment in respect thereof, whether principal or interest,
the right shall be deemed to have accrued on and not before the date of the acknowledgment or last payment."
In short: If the Developer acknowledges that the land should be transferred to the buyer, whether in a letter or by way of accepting payments from the buyer (whatever the payments may be), the cause of action resets itself. Meaning, the 12 years starts again. In short, as long as you can get the developer to admit in a letter or accept payment of the property pursuant to the S&P to indicate that the property is yours, then you dont have to worry about the 12 year limit.
The key phrase is cause of action. Basically, when you have a Right that you can legally enforce, the time starts ticking on how long you are given to enforce that Right. Example: I sign S&P on 1.1.2010. The MOT is to be execute by 1.1.2011. But by 1.1.2011, it isn't done. This breach of contract gives rise to a cause of action which then means you can enforce the execution of the MOT by suing the seller/vendor of the property. But you have until 1.1.2013 to sue the seller/vendor otherwise your cause of action is time barred.
But, if the seller/vendor acknowledges anytime within the 12 years that the property is yours, then the 12 year limit will keep resetting itself. That burden to show that the time limit hasn't lapsed is the person who is claiming that the property should be transferred to him.
Hope that helps
p/s this is just ad hoc advice and my opinion and is not meant to be legally binding.
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