Recent remarks by our Prime Minister Anwar Ibrahim on the “cleaning up” of illegally built structures, particularly houses of worship, have drawn significant public attention to the issue of unlawful occupation of land.
Following this, recent news reports of private landowners taking matters into their own hands to demolish structures erected on their land have further reignited a common question: what can a landowner do if someone is occupying their land without permission?
This article breaks down the legal position in simple terms.
Ownership in Malaysia: Title is Everything
Malaysia adopts the Torrens system of land registration. In practical terms, this means that ownership of land is determined by what is recorded on the title.
Under the National Land Code 1965 (“NLC”)[1], Section 340 provides that the title of a registered proprietor is indefeasible, which means, it cannot be easily challenged except in limited circumstances such as fraud or forgery.
In addition, Section 44 of the NLC grants the registered owner the right to exclusive possession, use and enjoyment of the land. This includes the right to exclude others from entering or remaining on the land without permission.
Importantly, Malaysian law does not recognise adverse possession. Section 341 of the NLC makes it clear that no matter how long a trespasser has occupied the land, that trespasser does not acquire ownership or interest in the land simply by the passage of time.
This can be seen in Valiant Plus Sdn Bhd v Persatuan Pengikut Dewa Ching Lim Shi[2], where a structure that had stood on the land for 50 years without the consent of the land owner, was still found to be a trespasser, with the court affirming that long occupation does not create legal rights.
Taken together, the position is straightforward: if you are the registered proprietor, the law recognises your right to the land.
Can I Just Remove the Trespasser Myself?
Short answer: No.
A common misconception is that a landowner can simply remove trespassers on their own, ie: “self-help”.
However, Section 7(2) of the Specific Relief Act 1950 provides that a person entitled to possession must not enforce that right against an occupier otherwise than through the court.
This was reaffirmed by the High Court in Leong Ah Kew & Ors v Prisma Suria Sdn Bhd.[3]
What Should I Do Instead?
The correct course of action is to apply to court for a Vacant Possession Order to recover possession of the land. Once granted, the order is enforced by court bailiffs, ensuring that the eviction is carried out lawfully and without unnecessary conflict.
While this may take more time than self-help, it provides certainty and legal protection for all parties involved.
Conclusion
While the law firmly protects your rights as a landowner, those rights must be enforced through the proper legal process.
The message is clear: act, but act lawfully.
[1] National Land Code 1965
[2] Valiant Plus Sdn Bhd v. Persatuan Pengikut Dewa Ching Lim Shi [2018] 1 LNS 4
[3] Leong Ah Kew & Ors v Prisma Suria Sdn Bhd [2015] 8 CLJ 300
About the Author
Sandra Tan is an Associate at XK Law. She specialises in general civil litigation, drawing on her prior experience in corporate and regulatory advisory. With fluency in English, Bahasa Melayu, and Mandarin, she also holds a keen interest in fintech and its legal implications. Outside of her legal practice, Sandra is an avid CrossFitter and outdoor enthusiast, enjoying the perspective that nature brings to life’s challenges.
