Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

 Help on the Private Caveat

views
     
TSFurzaniey
post May 15 2017, 10:35 AM, updated 9y ago

New Member
*
Junior Member
15 posts

Joined: Jun 2007
From: Miyajima, Fuji
I need help on the private caveat issue.

Last month, I asked my tenant to move out since I plan to sell the house.
The problem is that, the tenant had renovated my house without my consent (he initially planned to buy my house).
Now he threatens me to lodge a private caveat on the property to stop any selling procedures until I pay the renovation cost.
I don't have any tenancy agreement with him, however, I did text him before the renovation that I won't bear the renovation cost (he agreed).

In case he applies for private caveat, can I remove it by simply filling the 19H form?
Is this thing is eligible for private caveat claim?
I need to sell the house fast, if possible, I hope I'm not going to settle this matter in court.
jetwash
post May 15 2017, 10:41 AM

On high-altitude training
****
Senior Member
623 posts

Joined: Dec 2006
I don't think he'd be eligible for private caveat.

Not having a tenancy agreement would be advantageous to you anyway, in this case.
ponomariov
post May 15 2017, 10:52 AM

Casual
***
Junior Member
432 posts

Joined: Feb 2006


how is he going to register a private caveat?
the house is yours.
you didn't sign any agreement to sell it to him. SPA or first option purchase. no deposit received. neither you owe him money making him the creditor. (legally)

for the renovation with or without your consent. you can request him to restore to original state.
therefore he needs to spend more money to restore. in which he will plead you accept as the current condition which you can accept or not.
If there is tenancy agreement normally this is written in the contract.

This post has been edited by ponomariov: May 15 2017, 10:54 AM
TSFurzaniey
post May 15 2017, 11:06 AM

New Member
*
Junior Member
15 posts

Joined: Jun 2007
From: Miyajima, Fuji
QUOTE(ponomariov @ May 15 2017, 10:52 AM)
how is he going to register a private caveat?
the house is yours.
you didn't sign any agreement to sell it to him. SPA or first option purchase. no deposit received. neither you owe him money making him the creditor. (legally)

for the renovation with or without your consent. you can request him to restore to original state.
therefore he needs to spend more money to restore. in which he will plead you accept as the current condition which you can accept or not.
If there is tenancy agreement normally this is written in the contract.
*
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
nookie188
post May 15 2017, 11:28 AM

Look at all my stars!!
*******
Senior Member
2,515 posts

Joined: Jan 2012
QUOTE(Furzaniey @ May 15 2017, 11:06 AM)
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
*
he wont be able to place a private caveat as he has no registrable interest in your property..
he is trying to bluff you lah..

google - "placing a private caveat in Malaysia" and you can get more info..
ponomariov
post May 15 2017, 12:08 PM

Casual
***
Junior Member
432 posts

Joined: Feb 2006


QUOTE(Furzaniey @ May 15 2017, 11:06 AM)
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
*
anyone can register. but not all will be accepted.
Anyone can register police report too.
ponomariov
post May 15 2017, 12:11 PM

Casual
***
Junior Member
432 posts

Joined: Feb 2006


QUOTE(Furzaniey @ May 15 2017, 11:06 AM)
Thank you very much for your advice sir.
The thing is that anybody can register a private caveat by filling a form in Pejabat Tanah.
I'm not sure whether they will accept such claim.
Really give me headache.
In case he register the caveat, how do I remove it?
*
anyone can apply to register. not everyone can register.

anyone can apply to sue anyone, but it is judge to show it is valid or not.
TSFurzaniey
post May 15 2017, 12:27 PM

New Member
*
Junior Member
15 posts

Joined: Jun 2007
From: Miyajima, Fuji
QUOTE(ponomariov @ May 15 2017, 12:11 PM)
anyone can apply to register. not everyone can register.

anyone can apply to sue anyone, but it is judge to show it is valid or not.
*
Thank you sir for the advice.
I don't know much about law.
I'm confused with (b) statement in the:

Section 323 of the National Land
Code (“Code”). It provides :
“(1) The persons and bodies at whose instance a private caveat
may be entered are—
(a) any person or body claiming title to, or any registrable interest
in, any alienated land [or undivided share in any alienated land] or
any right to such title or interest;
(b) any person or body claiming to be beneficially entitled under
any trust affecting any such land or interest; and
© the guardian or next friend of any minor claiming to be entitled
as mentioned in paragraph (b).”

chiahau
post May 15 2017, 01:51 PM

Fatthau StalKer
********
All Stars
14,082 posts

Joined: Aug 2009
From: Malaysia


QUOTE(Furzaniey @ May 15 2017, 10:35 AM)
I need help on the private caveat issue.

Last month, I asked my tenant to move out since I plan to sell the house.
The problem is that, the tenant had renovated my house without my consent (he initially planned to buy my house).
Now he threatens me to lodge a private caveat on the property to stop any selling procedures until I pay the renovation cost.
I don't have any tenancy agreement with him, however, I did text him before the renovation that I won't bear the renovation cost (he agreed).

In case he applies for private caveat, can I remove it by simply filling the 19H form?
Is this thing is eligible for private caveat claim?
I need to sell the house fast, if possible, I hope I'm not going to settle this matter in court.
*
Want to enter Caveat also need to submit documents one.

I doubt he has any documentations to support his lodgment.

But to be safe, you should contact a lawyer to sort things out before you proceed to sell the house.

If the tenant is difficult, you will have a hard time letting the house go as well.



ponomariov
post May 15 2017, 02:34 PM

Casual
***
Junior Member
432 posts

Joined: Feb 2006


QUOTE(Furzaniey @ May 15 2017, 12:27 PM)
Thank you sir for the advice.
I don't know much about law.
I'm confused with (b) statement in the:

Section 323 of the National Land
Code (“Code”). It provides :
“(1) The persons and bodies at whose instance a private caveat
may be entered are—
(a) any person or body claiming title to, or any registrable interest
in, any alienated land [or undivided share in any alienated land] or
any right to such title or interest;
(b) any person or body claiming to be beneficially entitled under
any trust affecting any such land or interest; and
© the guardian or next friend of any minor claiming to be entitled
as mentioned in paragraph (b).”
*
(b) any person or body claiming to be beneficially entitled under
any trust affecting any such land or interest; and

means someone who is ur wife/ex-wife, brother, sister, uncle, relatives. business partner they must also show proof of possible ongoing court order claiming towards that property.
example divorce case, inheritance case and business partner insolvent case

This post has been edited by ponomariov: May 15 2017, 02:36 PM
ponomariov
post May 15 2017, 02:39 PM

Casual
***
Junior Member
432 posts

Joined: Feb 2006


QUOTE(chiahau @ May 15 2017, 01:51 PM)
Want to enter Caveat also need to submit documents one.

I doubt he has any documentations to support his lodgment.

But to be safe, you should contact a lawyer to sort things out before you proceed to sell the house.

If the tenant is difficult, you will have a hard time letting the house go as well.
*
Yea exactly. worst case of no agreement is tenant can stay forever and you might have to compensate him to leave.
he can sue you in court to get compensation to leave.

Why. this case = squatters. he is living at the house. nobody put a charge on it legally. so you need to prove he paying you monthly.
you will surely get income tax enquiry after this for failing to declare taxable income.
which you will be saman for 10 times the amount.
chiahau
post May 15 2017, 02:53 PM

Fatthau StalKer
********
All Stars
14,082 posts

Joined: Aug 2009
From: Malaysia


QUOTE(ponomariov @ May 15 2017, 02:39 PM)
Yea exactly. worst case of no agreement is tenant can stay forever and you might have to compensate him to leave.
he can sue you in court to get compensation to leave.

Why. this case = squatters. he is living at the house. nobody put a charge on it legally. so you need to prove he paying you monthly.
you will surely get income tax enquiry after this for failing to declare taxable income.
which you will be saman for 10 times the amount.
*
And this is why I kinda hate managing rental units.

When tenants are being a dick, the stress is real....
TSFurzaniey
post May 15 2017, 03:57 PM

New Member
*
Junior Member
15 posts

Joined: Jun 2007
From: Miyajima, Fuji
QUOTE(ponomariov @ May 15 2017, 02:39 PM)
Yea exactly. worst case of no agreement is tenant can stay forever and you might have to compensate him to leave.
he can sue you in court to get compensation to leave.

Why. this case = squatters. he is living at the house. nobody put a charge on it legally. so you need to prove he paying you monthly.
you will surely get income tax enquiry after this for failing to declare taxable income.
which you will be saman for 10 times the amount.
*
Thanks for the clarification.
Fortunately, he already moved out.
It seems that he cannot lodge a private caveat without any documentation.
Guess I need to check with Pejabat Tanah.
hanhanhan
post May 16 2017, 01:55 PM

(͡ ͡° ͜ つ ͡͡°)
******
Senior Member
1,203 posts

Joined: Oct 2006
From: Kuala Lumpur


» Click to show Spoiler - click again to hide... «


anyone can register private caveat on your property if they have the requisite supporting documents.

land office counter won't care if those docs are real or forged - as long as the required items are in order, they will register the caveat there.

BUT if u challenge in court then of cos he will lose.

if he wanna be a cb and got alot money to spare and purposely give u a hard time then of course he can purposely kacau u n put caveat there. then have to mafan u to go apply to registrar to strike off caveat n claim damages.

edyek
post May 16 2017, 10:34 PM

Business Rating :
*******
Senior Member
3,820 posts

Joined: Jan 2009
From: Land of the Hornbills & Land Below the Wind


QUOTE(hanhanhan @ May 16 2017, 01:55 PM)
» Click to show Spoiler - click again to hide... «


anyone can register private caveat on your property if they have the requisite supporting documents.

land office counter won't care if those docs are real or forged - as long as the required items are in order, they will register the caveat there.

BUT if u challenge in court then of cos he will lose.

if he wanna be a cb and got alot money to spare and purposely give u a hard time then of course he can purposely kacau u n put caveat there. then have to mafan u to go apply to registrar to strike off caveat n claim damages.
*
I think its better we use the term "Caveatable Interest".

QUOTE
Basically, whoever has a ‘caveatable’ interest has a right to lodge a private caveat. In order for the interest to be caveatable, it must be capable of being registered. Circumstances where a caveatable interest is present include:

i. A purchaser under a sale and purchase agreement claims a right to the land title;

ii. When there is an option to purchase under an unconditional binding contract;

iii. Once a deposit is paid; a paid deposit is sufficient to give rise to a caveatable interest even though no contract was concluded; and,

iv. Equitable chargees can enter into private caveat pending registration of the charge.

Situations such as a tenancy; the owing of the balance of the purchase price, where the option of purchase has lapsed; and where the vendor has validly terminated the sale and purchase agreement, will not give rise to any caveatable interest.
http://www.theedgeproperty.com.my/content/...-private-caveat

From TS case, even his tenant lodge a caveat, it would not be caveatable. Logically, what would be his reason for the caveat? Renovation cost borne by him was due to his own initiative which does not construe part of the tenancy agreement. Moreover, if TS breach the tenancy, it can only be claim through damages as specified in the tenancy. Anyway, this is just my own opinion. Stand to be corrected.

Anyway, Cheers to TS as his tenant finally moved out without any complications.
hanhanhan
post May 17 2017, 12:59 PM

(͡ ͡° ͜ つ ͡͡°)
******
Senior Member
1,203 posts

Joined: Oct 2006
From: Kuala Lumpur


» Click to show Spoiler - click again to hide... «


what i meant was anyone can lodge the caveat, whether he has caveatable interest or not. this is just to purposely susahkan orang only.

only upon when challenged, court/registrar will decide whether the person has caveatable interest.
mr.thinkpad
post Jul 7 2017, 08:33 AM

Enrich Traveller
****
Senior Member
558 posts

Joined: Jul 2014
QUOTE(Furzaniey @ May 15 2017, 10:35 AM)
I need help on the private caveat issue.

Last month, I asked my tenant to move out since I plan to sell the house.
The problem is that, the tenant had renovated my house without my consent (he initially planned to buy my house).
Now he threatens me to lodge a private caveat on the property to stop any selling procedures until I pay the renovation cost.
I don't have any tenancy agreement with him, however, I did text him before the renovation that I won't bear the renovation cost (he agreed).

In case he applies for private caveat, can I remove it by simply filling the 19H form?
Is this thing is eligible for private caveat claim?
I need to sell the house fast, if possible, I hope I'm not going to settle this matter in court.
*
sell as fast as u can before the tenant damage ur property.. looks like bad tenant u got there
Hansel
post Oct 9 2017, 02:53 PM

Look at all my stars!!
*******
Senior Member
9,353 posts

Joined: Aug 2010
QUOTE(chiahau @ May 15 2017, 02:53 PM)
And this is why I kinda hate managing rental units.

When tenants are being a dick, the stress is real....
*
You must have enough 'strong-arm tactics' if necessary,... no other way,... but this shld only be used as a last resort.

 

Change to:
| Lo-Fi Version
0.0167sec    0.42    5 queries    GZIP Disabled
Time is now: 7th December 2025 - 05:20 AM