Real Estate & Property

Property Transactions Done Properly, Disputes Fought Hard

Property is the single largest asset most Malaysians will ever own. Whether it is a first home, a commercial lot in Johor Bahru, or an agricultural holding in the district of Kota Tinggi, the legal framework that governs land ownership and property transactions in this country is intricate and unforgiving of mistakes. The National Land Code 1965 is the principal statute regulating land tenure in Peninsular Malaysia, and its provisions on alienation, transfer, charge, lease and caveat affect every property transaction.

Conveyancing, the legal process of transferring ownership of property from seller to buyer, involves more than filling in forms. A solicitor must conduct title searches at the relevant Land Office or Registry, verify that the seller has good title, check for encumbrances such as charges and caveats, and ensure that the sale and purchase agreement accurately reflects the terms agreed between the parties. For strata-title properties, the Strata Titles Act 1985 and the Strata Management Act 2013 impose additional obligations on developers and management corporations that must be understood and addressed.

Not every property matter is a straightforward transaction. Disputes arise with alarming frequency. Boundary disagreements between neighbours, claims of adverse possession, allegations of fraud in the execution of transfer instruments, breach of contract by developers who fail to deliver vacant possession on time, and claims for specific performance when one party refuses to complete the sale. The Housing Development (Control and Licensing) Act 1966, together with its regulations, provides statutory protections for purchasers of housing accommodation from licensed developers, including prescribed forms of sale and purchase agreements that cannot be varied to the purchaser's detriment.

Messrs S.K. Song handles both the transactional and the contentious sides of property law. For buyers and sellers, we provide full conveyancing services from the signing of the agreement through to registration of the transfer and discharge of any existing charge. For clients involved in property disputes, we bring the same litigation strength that defines the rest of our practice. We have acted in cases involving forged transfers, clandestine caveats, and developers' failures to comply with the statutory prescribed contract. Our lawyers appear regularly in the High Court and the Sessions Court on property-related matters.

How We Can Help

Our real estate practice covers sale and purchase agreements for residential, commercial and industrial properties, conveyancing and transfer of title, discharge of charge and refinancing, removal of caveats, perfection of charge and transfer, tenancy and lease agreements, and property disputes including boundary claims and fraud matters. We also advise on the legal aspects of property development, including compliance with the Housing Development Act and the Strata Management Act.

Relevant Legislation

• National Land Code 1965 (Act 56)
• Housing Development (Control and Licensing) Act 1966 (Act 118)
• Strata Titles Act 1985 (Act 318)
• Strata Management Act 2013 (Act 757)
• Contracts Act 1950
• Specific Relief Act 1950
• Limitation Act 1953 (Act 254)
• Town and Country Planning Act 1976 (Act 172)