Jonathan Khaw of CHERN & CO. successfully represented our Client in an eviction proceeding against squatters who had unlawfully occupied the Client’s land for 40 years. The case was heard by Justice Jamhirah Binti Ali at the Shah Alam High Court on August 16, 2022, and concluded favorably for our Client after two court hearings.
The High Court declared the squatters as unlawful occupants and ordered the land to be surrendered to our Client. If the squatters failed to comply, our Client was permitted to take all necessary steps to enforce the court order, including using reasonable force if needed. Additionally, the Court awarded costs to our Client.
THE FACTS
Our Client, the registered proprietor of a large piece of land in Selangor, inherited the property from his family. Upon discovering a small temple on the land, an eviction notice was issued to the occupants, who subsequently ignored it, leading to legal action.
Initially, the case was brought against “persons unknown,” but one occupant later intervened. The squatters argued their right to the land based on:
- Their NRIC card address matching the land’s address, suggesting prior consent.
- Their long-term occupation since 1982.
- An alleged ‘equitable right’ due to their contributions and community involvement.
- Knowledge of their presence by our Client’s family.
In response, it was argued that:
- According to Reg. 24 of the National Registrations Regulations 1990, NRIC details cannot prove legitimate land occupation.
- Equity principles do not apply without evidence of inducement or expenditure by our Client’s predecessor.
- Consent would have ceased when the land was transferred to our Client.
- Monies spent without consent do not legitimize unlawful occupation.
- The length of time does not convert unlawful occupation into lawful.
- The squatters’ abandonment of the land meant their rights were forfeited, leaving only the temple as a fixture.
YOUR RIGHTS AS A LANDLORD
If you face similar issues with unauthorized occupants who refuse to vacate, initiating eviction proceedings is the appropriate course of action. Although the process may seem daunting, we can guide you through it and handle all necessary steps on your behalf.
To schedule a consultation, call us at +603 6419 9511, WhatsApp us, or complete our online Enquiry Form, and a team member will get in touch with you.
Note: This article does not constitute legal advice. For further information, please contact our Kuala Lumpur office.