A CRITICAL STUDY ON THE LEGAL ISSUES RELATING TO CO-PROPRIETORSHIP OF LAND

 A CRITICAL STUDY ON THE LEGAL ISSUES RELATING TO CO-PROPRIETORSHIP OF LAND IN MALAYSIA

 Project Team

Leader: Sik Cheng Peng

Researchers: Ainee Adam, Kho Mei Ye, Wong Siew Yun

Research Assistants: Chan Jiunn Wah, Chia Jia Yii

ABSTRACT

Co-ownership of land can present significant challenges in management and maintenance. It often involves more than just sharing and collective use of the property; personal relationships may be at stake, leading to emotional decisions rather than rational judgments. Where co-owners reach an impasse, it can hinder any dealings or land development plan.

This research aims to explore the legal complexities surrounding co-proprietorship of land in the form of tenancy in common under the National Land Code. It delves into the rights of land co-owners, common disputes that arise between them, and potential strategies to mitigate conflicts. Case law analysis and interviews with relevant stakeholders were conducted to achieve the research objectives.

Key findings indicate that disputes may centre around the establishment of co-proprietorship itself, the proliferation of co-owners due to estate inheritance, and agreements among co-owners, including those regarding physical demarcation, which can serve both to reduce conflicts and to instigate clashes. Partition or sale often emerges as the ultimate solution to problems faced by co-owners, although the process is not without its challenges.

To minimize the challenges associated with land co-proprietorship, this research proposes recommendations across various domains, including suggested approaches for co-owners, the judiciary, the legislature, and the land offices.

Keywords: land co-ownership; land co-proprietorship; tenancy in common; National Land Code; partition