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 Help on the Private Caveat

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

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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.
TSFurzaniey
post May 15 2017, 11:06 AM

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Junior Member
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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?
TSFurzaniey
post May 15 2017, 12:27 PM

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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).”

TSFurzaniey
post May 15 2017, 03:57 PM

New Member
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Junior Member
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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.

 

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