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 Lawyer's Corner v2, One-stop centre for any legal queries

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Sandy2028
post Nov 21 2012, 08:20 PM

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[Dear Sir,

I have a few questions regarding dispute/compensation of Kampung House (with assessment i.e have house no. n registered under the local council)

Q1. This house is a half brick house which has been there for 60 years but rebuilt it to a bigger unit for 35 years back,recently the land has been sold to a housing developer, so the developer compensated those residents in that pc of land- 9 units, 6 has accepted the compensation range from 30K to 33K, so our unit only offer 35K which we think it is not fair, cause our unit is the biggest size among the rest? do we have the right to demand more ? on what ground?

Q2. During the negotiation period i.e 3 weeks ago, after one week we received a notice of evacation from the lawyer to request us to move out within 1 month i.e 8/12, if we do not follow then he will proceed into court. Now the developer not yet confirm the sum of compensation(verbally negotiated) but issue a lawyer letter due to another 2 houses has broken talk but not ours. Is it one of the tactic to frighten us to accept his compensation that he will be given?

Q3. This unit house has a backyard foundary i.e making grilled gates etc, n we demanded for a compensation too but the developer refuse due to it is not registered under the local council. The backyard foundary have been operated there 20 years back till now, on what ground can we demand for some compensation?

Hope to hear your reply soonest as the developer's negotiator will be coming to meet us by tommorrow but he is very firm with his decision to compensate us RM35k ONLY.
Sandy2028
post Nov 22 2012, 03:27 PM

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QUOTE(dariofoo @ Nov 22 2012, 11:45 AM)
Basically, this house was built 60 yrs ago with no title? Basically empty land cleared and a house was built on it? Since you did not mention any title, so I am only assuming so.

In that case, all the persons are squatters and squatters have no rights in the eye of the law in Malaysia. By right the developer (whom I assume is the landowner) do not even need to give a single cent of compensation to you. They can give one month's notice and obtain a Court Order for vacant possession of you refuse to move out once notice has been given.

They can even destroy and demolish any structures upon the land as such structures are illegal.

This money given to you is ex-gratia and is on compassionate grounds only. You cannot demand for anything more than what they are offering to you. They are not bound to offer anything but the political reality in our country is that squatters are always paid a nominal sum in order for them to move out quietly without any political interference and unwanted publicity.

My advice is to take the RM35k and move out or risk being empty handed and face a lawsuit whereby you would need to fork out legal fees to fight a losing cause.
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Thanks for the advice. rclxms.gif I think we do not have a title(grant)?We only paid assessment. How to apply the title if there is a house on the land which is belongs to the land owner who hold 1/2 the shares of the land n house too?(This is difference case). We have accept the compensation this afternoon with a heavy heart. cry.gif
Sandy2028
post Nov 22 2012, 06:04 PM

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QUOTE(dariofoo @ Nov 22 2012, 04:42 PM)
You need to go to the land office first and do a search on the area. Take out the plan and see if there is a title on that piece of land first. In Malaysia, the registered proprietor/owner is king and even if you and your ancestors have stayed there since the Ice Age, the proprietor has the right over the property over you. Most likely there would be a title issued already.
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Do u mean the land's title? Of course there is a title for the landowner,however the kampung house erected there, do not has its individual title (grant of the house) but the assessment registered under the house owner i.e the house belongs to us. Those kampung houses are sited on the pc of land belongs to the landowner themself with their consent. In the land office records, I won't know whether there is a plan for those houses. All I know, the new land owner (developer) bought over from the existing landowner who will not compensate us but the new landowner.

Can u conclude that all these kampung houses are squatter houses eventhough with the consent of the landowner who collect a rental fees for occupy at their land?No agreement is made but by mutual consent. sweat.gif
Sandy2028
post Nov 23 2012, 12:46 PM

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QUOTE(dariofoo @ Nov 23 2012, 11:47 AM)
doh.gif  doh.gif  doh.gif

Earlier you asked me 'how to take out title', now you say got title. Then you said different case, but sounds like it's the same case.  rclxub.gif  rclxub.gif

Assessment registered under house owner does not mean anything. In fact, why do you even pay assessment when the land does not even belong to you? Free money for the local authorities. Having assessment does not help you to establish ownership of the land. Remember that house and land is different. You may build a house but the land which you have built it upon does not belong to you. You also can't say that the house belongs to you. Whatever sits on the land belongs to the registered proprietor of the land.
If you pay rental and build the house, then you are an 'occupier with consent/acquiscience'.

If you do not pay anything and merely built the house on an empty land, then you are a mere squatter.

An occupier with consent/acquiscience who tries to assert ownership of the land, would still be treated as a mere squatter.

You only paid rental, not a purchase price. So once the property has been sold, then of course it is up to the new owner whether to allow you to continue to occupy the land or otherwise.

With regard to compensation, if the previous landowner had given assurances/consent in writing for you to develop the land, build structures, etc, then you can claim compensation from him for the losses suffered, if the owner merely sold it to a third party and does not want to compensate you for it. What you cannot claim for is to remain on the land. The new owner has exclusive rights over it.
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Tq for the advice/consultation given. rclxm9.gif Cause we are quite "blur"-in the nutshell as we are orang kampung. In the 1st place, old folk is the one who paid the assessment which they "claimed" local municipality insisted to collect some fees from them eventhough no services provided but have some Tar Road(Main) to access to their kampung houses and it is a ownership certification of the house (don't know who told them long ago).

Yes, difference case cause this time we r moving into our 1/2 share land (with 1/2 share title deed)that have a broken house(assessment paid (not the landowner's name)too but from previous" house"owner who move out long ago).Moreover, we move over without the consent of the other 1/2share landowner(sister) who is not aware of it. It is a very complicated case. Need yr kind advice before the other party-sister take any action on us. We are willing to pay the present rental (monthly) of the house which is rented out around RM180/- per month. The rental agreement is signed by my old folk(shareholder of the land) not the other shareholder. Once we move in they will be no more written agreement for the rental cause the other party will not consent. icon_question.gif


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