Land Law

Which case had observed that “the owner is the owner of everything up to the sky and down to the center of the earth” ?

• Liew Yu Fatt v Teck Guan & Co. Ltd.

• Lemon v Webb Corbett v Hill

• Corbett v Hill

• Lembaga Air Perak v Ding Keng Long & Ors

Based on __________ of NLC 1965, the landowner has a right of support of his land in its natural state by the _______ land

• section 44(1)(a), adjacent

• section 44(1)(a), fronting

• section 44(1)(b), adjacent

• section 44(1)(b), fronting

• section 44(1)(c), fronting

Lily’s house is situated beside a river. Nevertheless, she could not reach the river as a partition was built between her house and the river. What kind of right has she been deprived of?

• Right of access under S.44(1)(b)

• Right of underground land under S.44(1)(a)

• Right of access under S.44(1)(c)

• Right of support under S.44(1)(b)

Cik Moni and her husband Pak Lee always spent time together by doing some simple gardening in their backyard. Upon realising it, Pak Lee dug further and found an ancient looking shield used for war. Both Cik Moni and Pak Lee then brought the shield to the district officer of the Petaling. The expert assessed the shield and found that the shield is in fact 51 years old, thus categorised as an antiquity under Section 2 (1) of the National Heritage Act 2005. Hence, the property will be the absolute property of the State of Selangor, since the shield was found in the state of Selangor.

• True

• False

In February 2020, Mr Jantan just obtained a title over an industrial land alienated by the State Authority of Negeri Sembilan in Pejam, Nilai for the purpose of building a warehouse and a factory for his new plastic business. Without applying to the state authority for a grant of the use of his underground land, he had decided to install a 1km underground pipe with 35 metre deep beneath the land. Does Mr Jantan have the authority to install the 35 metre depth of underground pipe under his own land?

• Yes

• No

The case of Swetland V Curtis Airport ruled that the suggested physical limit of a reasonable height for the aircraft to fly over private land is 200 metres or 500 feet.

• Yes

• No

Encik Lu came to you for advice regarding his right to lateral support, whereby he owns an undeveloped land where no buildings had ever been built on the said land, where the land had only been excavated once .Unfortunately, a few weeks ago, his neighbour had cut a number of trees that caused landslides which subsequently affected Encik Lu’s land. With reference to the case on Dalton v Angus, Encik Lu will succeed in his claim for the right of support, considering that his land has never been burdened by buildings and had only been excavated once.

• True

• False

Amirah's house is situated near to the airport. One day, 10 boxes that weighed 100kg each had fallen from a flying craft that was flying over Amirah’s house. The impact of the fall of the boxes had caused irreversible damage to Amirah’s garage which caused her losses amounting to RM15,000. It was apparent that the fall was due to the negligence of the aircraft company's workers who failed to tighten the belt that secured the boxes. Amirah then sued the aircraft company for trespass to her land. Will she succeed in the claim?

• Yes

• No

Faiz just bought a new house located in Pahang. In order to beautify his house, he planted a lot of trees and undertook renovation works by including a pool at his own yard. Unknown to him, the underground land contains a lot of ores. During the process of digging, the workers told Faiz that they found some rocks that has a unique design. As the owner of the house, can Faiz sell it? Why?

• No. Under section 40 of National Land Code, the ore belongs to the Federal Government

• Yes. Section 45(1)(a) of National Land Code allows the extract, move or use within the boundaries of the land any rock material

• No. Under Section 40 of National Land Code, the ore belongs to the State Authority.