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 Strata vs Individual Title for Landed Property

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StupidGuyPlayComp
post Aug 22 2023, 09:08 AM

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QUOTE(kochin @ Aug 22 2023, 09:04 AM)
just asking since for highrise, the management is responsible for facade which covers external walls and also roof.
hence if the penthouses or top floor units leaks, its under management. and for water intrusion to any of the units, presumably it's also under management.
was under the impression for landed strata, facade still belongs to the management?
anyway thanks for clearing it up.
*
for high rise, yes.

For landed no
StupidGuyPlayComp
post Aug 22 2023, 09:12 AM

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QUOTE(contestchris @ Aug 21 2023, 07:27 PM)
How about if 200 identical 20x70 houses are built on a 25 acre land (bet it leasehold or freehold). Assume for simplicity, 10 acres is the land belonging to owners directly. 15 acres is to roads, parks, facilities etc.

Do the 200 owners have a claim to that 15 acres of land?

That means, is it fair to say they own the surrounding land, not just the house?

If in the future the government or private entity wanted to take over the entire housing township, must the government or private entity only compensate for the 20x70 parcel belonging to each owner, or also for their equal share of the remaining 15 acres of "public" land within the strate development?
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That's 15 acres of land that still belongs to the government. Strata title means the management rejects government assistance and wishes to self-manage only."

The 15 acres of land will not be included in your house's title; hence, it does not belong to you.
TScontestchris
post Aug 22 2023, 09:23 AM

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QUOTE(StupidGuyPlayComp @ Aug 22 2023, 09:12 AM)
That's 15 acres of land that still belongs to the government. Strata title means the management rejects government assistance and wishes to self-manage only."

The 15 acres of land will not be included in your house's title; hence, it does not belong to you.
*
Is it the same for condo? I was under the impression the land surrounding the condo (within the pagar) belonged to the owners.
rizerlee
post Aug 22 2023, 10:10 AM

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QUOTE(PAChamp @ Aug 21 2023, 01:15 PM)
I don't have all the details but from what i understand, the excess electricity is fed back into the grid and you get paid by TNB for it.
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TNB will pay for it ?
Under Netmetering scheme ?
Jingle91
post Aug 22 2023, 10:20 AM

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QUOTE(contestchris @ Aug 22 2023, 09:23 AM)
Is it the same for condo? I was under the impression the land surrounding the condo (within the pagar) belonged to the owners.
*
Even it is same with condo, your understanding seen like inaccurate. I try to explain with my understanding.

When you buy your condo, you pay for two things, first is legal ownership to "own" the parcel of unit with the size stated clearly on SPA (which will be registered with land office in strata title later), so you are the legal owner of this parcel and can sell it at mkt later. You also pay for the "legal right" to access and use the common properties (all infra, extra land and facilities WITHIN perimeter of your condo) but of course you can't claim you own the extra land so can do anything you want on it like tanam kebun or build car park, because it is shared by all owners and all owners appointed MC to utilise it in the best way to benefit all owners, so these common properties belong to Management Company, you only own the right to use it but don't have legal ownership on any inch of land beyond your unit boundary. For condo, yes your spa will also mention on the car park that belong to you

So now come to the tricky part, your condo must have mkt value, the value already included the legal ownership on your unit which is transferable, and legal right to access common properties which is attached to the legal ownership of the unit. So the value is determined by market and property valuer will do the valuation from these two rights. And valuation will be fluctuated based on demand supply. If government want to take back the land, they have to compensate based on market value for freehold property, like buying these two right from you, the value is hard to say, it could be higher or lower, but from rule of thumb, we keen to believe the compensation should be mark to mkt as government don't wan to create any unnecessary problems and lose in election.




PAChamp
post Aug 22 2023, 10:28 AM

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QUOTE(Jingle91 @ Aug 22 2023, 10:20 AM)
Even it is same with condo, your understanding seen like inaccurate. I try to explain with my understanding.

When you buy your condo, you pay for two things, first is legal ownership to "own" the parcel of unit with the size stated clearly on SPA (which will be registered with land office in strata title later), so you are the legal owner of this parcel and can sell it at mkt later. You also pay for the "legal right" to access and use the common properties (all infra, extra land and facilities WITHIN perimeter of your condo) but of course you can't claim you own the extra land so can do anything you want on it like tanam kebun or build car park, because it is shared by all owners and all owners appointed MC to utilise it in the best way to benefit all owners, so these common properties belong to Management Company, you only own the right to use it but don't have legal ownership on any inch of land beyond your unit boundary. For condo, yes your spa will also mention on the car park that belong to you

So now come to the tricky part, your condo must have mkt value, the value already included the legal ownership on your unit which is transferable, and legal right to access common properties which is attached to the legal ownership of the unit. So the value is determined by market and property valuer will do the valuation from these two rights. And valuation will be fluctuated based on demand supply.  If government want to take back the land, they have to compensate based on market value for freehold property, like buying these two right from you, the value is hard to say, it could be higher or lower, but from rule of thumb, we keen to believe the compensation should be mark to mkt as government don't wan to create any unnecessary problems and lose in election.
*
I personally know that for Ampang Park Shopping Mall, the government acquired the whole mall and paid the MC for the market value of the common property. The MC then receives the money and then divides the compensation to the owners based on share units.
TScontestchris
post Aug 22 2023, 10:32 AM

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QUOTE(Jingle91 @ Aug 22 2023, 10:20 AM)
Even it is same with condo, your understanding seen like inaccurate. I try to explain with my understanding.

When you buy your condo, you pay for two things, first is legal ownership to "own" the parcel of unit with the size stated clearly on SPA (which will be registered with land office in strata title later), so you are the legal owner of this parcel and can sell it at mkt later. You also pay for the "legal right" to access and use the common properties (all infra, extra land and facilities WITHIN perimeter of your condo) but of course you can't claim you own the extra land so can do anything you want on it like tanam kebun or build car park, because it is shared by all owners and all owners appointed MC to utilise it in the best way to benefit all owners, so these common properties belong to Management Company, you only own the right to use it but don't have legal ownership on any inch of land beyond your unit boundary. For condo, yes your spa will also mention on the car park that belong to you

So now come to the tricky part, your condo must have mkt value, the value already included the legal ownership on your unit which is transferable, and legal right to access common properties which is attached to the legal ownership of the unit. So the value is determined by market and property valuer will do the valuation from these two rights. And valuation will be fluctuated based on demand supply.  If government want to take back the land, they have to compensate based on market value for freehold property, like buying these two right from you, the value is hard to say, it could be higher or lower, but from rule of thumb, we keen to believe the compensation should be mark to mkt as government don't wan to create any unnecessary problems and lose in election.
*
I'm not saying I own the surrounding land within the strata development, I'm asking if do owners collectively own the surrounding land, or is it actually the government that owns it?

Assuming everyone in the strata development has equal share units, do they share in equally to the ownership of the surrounding land (and ensuing compensation were it to be sold), or not?

This post has been edited by contestchris: Aug 22 2023, 10:33 AM
Jingle91
post Aug 22 2023, 10:37 AM

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QUOTE(PAChamp @ Aug 22 2023, 10:28 AM)
I personally know that for Ampang Park Shopping Mall, the government acquired the whole mall and paid the MC for the market value of the common property. The MC then receives the money and then divides the compensation to the owners based on share units.
*
That make more sense, thanks for sharing.
Think the owners must have very good capital gain. My uncle in sentul last time also receive huge compensation for his flat, the land was acquired for LRT construction.
Jingle91
post Aug 22 2023, 10:50 AM

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QUOTE(contestchris @ Aug 22 2023, 10:32 AM)
I'm not saying I own the surrounding land within the strata development, I'm asking if do owners collectively own the surrounding land, or is it actually the government that owns it?

Assuming everyone in the strata development has equal share units, do they share in equally to the ownership of the surrounding land (and ensuing compensation were it to be sold), or not?
*
Kan sudah jawab, my understanding is the land belong to MC, that is why they can decide on what landscape to be planted or what facilities they wan to build for residents, my prescient also got new CCTV installed on common property area recently.

And the "equally shared" is only refer to the legal right on using common property area, mean corner lot and intermediate lot resident both can use the facility without discrimination. If you die die wan to relate it to monetary value, then can take PAChamp's good sharing as reference, in such scenario it should be based on the size of unit lo, since management fee also determined by land size of your unit ma.
TScontestchris
post Aug 22 2023, 10:52 AM

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QUOTE(StupidGuyPlayComp @ Aug 22 2023, 09:12 AM)
That's 15 acres of land that still belongs to the government. Strata title means the management rejects government assistance and wishes to self-manage only."

The 15 acres of land will not be included in your house's title; hence, it does not belong to you.
*
Can someone please confirm if this is true. Some saying it belongs to government, some saying it belongs to the MC (which ultimately means it belongs to the owners)?
StupidGuyPlayComp
post Aug 22 2023, 11:31 AM

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QUOTE(contestchris @ Aug 22 2023, 10:52 AM)
Can someone please confirm if this is true. Some saying it belongs to government, some saying it belongs to the MC (which ultimately means it belongs to the owners)?
*
regardless of belong to MC or government, eventually its still not belong to the owners. The owner only own the land based on the geran (title).
TScontestchris
post Aug 22 2023, 11:36 AM

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QUOTE(StupidGuyPlayComp @ Aug 22 2023, 11:31 AM)
regardless of belong to MC or government, eventually its still not belong to the owners. The owner only own the land based on the geran (title).
*
It's makes a difference, no? If the owners have a share to the land, then when it is sold in the future, the owners will get compensated for the surrounding land as well, not just for the main parcel. If the owners don't have a share in the land, the government will just need to pay for the main parcels.

As far as I can tell, the MC exists as a collective of the owners.
StupidGuyPlayComp
post Aug 22 2023, 11:57 AM

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QUOTE(contestchris @ Aug 22 2023, 11:36 AM)
It's makes a difference, no? If the owners have a share to the land, then when it is sold in the future, the owners will get compensated for the surrounding land as well, not just for the main parcel. If the owners don't have a share in the land, the government will just need to pay for the main parcels.

As far as I can tell, the MC exists as a collective of the owners.
*
Applying the same concept, if it's a leasehold land, will the renewal cost of the lease include calculations for the surrounding area?

if yes, it will cost a bomb
Ichighost
post Aug 22 2023, 12:01 PM

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if not mistaken..

land parcel / box is not landed.

so you actually do not own the land..you own the parcel that happened to be on ground.

the leasehold renewal should follow normal strata..should be done by MC.

only fire insurance i think need to buy it separately.


PAChamp
post Aug 22 2023, 12:02 PM

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QUOTE(contestchris @ Aug 22 2023, 10:52 AM)
Can someone please confirm if this is true. Some saying it belongs to government, some saying it belongs to the MC (which ultimately means it belongs to the owners)?
*
Aiyo, i just give short answer: Common property belongs to MC, it is private land and it has been alienated ie. has a title. State land has no title.
StupidGuyPlayComp
post Aug 22 2023, 12:08 PM

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QUOTE(Ichighost @ Aug 22 2023, 12:01 PM)
if not mistaken..

land parcel / box is not landed.

so you actually do not own the land..you own the parcel that happened to be on ground.

the leasehold renewal should follow normal strata..should be done by MC.

only fire insurance i think need to buy it separately.
*
if such the situation, then the leasehold renewal will really cost a bomb?
TScontestchris
post Aug 22 2023, 12:10 PM

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QUOTE(PAChamp @ Aug 22 2023, 12:02 PM)
Aiyo, i just give short answer: Common property belongs to MC, it is private land and it has been alienated ie. has a title. State land has no title.
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Oh man, the MC doesn't get money magically. It's coming from the owners. The MC is the owners as a collective, why is this so hard to agree on. Its not a separate entity that does as it pleases, it does what the owners as a collective wish to do.

Now, does it mean for a leasehold landed strata with lots of acres of greenery, the lease renewal will be exorbitantly high? Yes I know MC will pay but who will foot the bill ultimately?

This post has been edited by contestchris: Aug 22 2023, 12:11 PM
Ichighost
post Aug 22 2023, 12:11 PM

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QUOTE(StupidGuyPlayComp @ Aug 22 2023, 01:08 PM)
if such the situation, then the leasehold renewal will really cost a bomb?
*
i'm not sure we even have any precedent on this..

but as MC they are responsible on this..if you ask me you pay based on your share. thats all.

because even maintaince also you only pay your sqft.

they (MC) that decide on how to use it (maintainance / services, upkeeping)
TScontestchris
post Aug 22 2023, 12:13 PM

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QUOTE(Ichighost @ Aug 22 2023, 12:11 PM)
i'm not sure we even have any precedent on this..

but as MC they are responsible on this..if you ask me you pay based on your share. thats all.

because even maintaince also you only pay your sqft.

they (MC) that decide on how to use it (maintainance / services, upkeeping)
*
So if 20 acres of common land, 200 owners. Each owner will need to pay share equivalent of 4,300 sqft on top of their own parcel? That is quite a lot indeed...
Ichighost
post Aug 22 2023, 12:22 PM

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QUOTE(contestchris @ Aug 22 2023, 01:13 PM)
So if 20 acres of common land, 200 owners. Each owner will need to pay share equivalent of 4,300 sqft on top of their own parcel? That is quite a lot indeed...
*
in theory yes.

practical..no body know it yet..most leasehold not even half of their time..landed strata on leasehold even a newer product..

plus..you are paying one time for another 99 year lease..for all the area/facilties/security that you and your children enjoyed for 99 years...

this is why the entry price point is cheaper compared to freehold.



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