Land law 1 tutorial 3 extent of enjoyment

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Information about Land law 1 tutorial 3 extent of enjoyment

Published on March 6, 2014

Author: xareejx



LAND LAW I TUTORIAL 3 QUESTION 1 Urus Jaya Sdn. Bhd. (‘Urus’) owns a piece of land in Damansara that it plans to develop into a multistoreyed commercial building. The land next to it was vacant land belonging to KL Holdings Sdn. Bhd. (‘KL’). When Urus began the groundwork of the project, its contractors began installing ground anchors into the land which encroached 14 feet into the underground land belonging to KL. When KL got to know about this, it instructed its lawyers to sue for trespass and obtain a mandatory injunction against Urus to remove the ground anchors. Urus claimed that it was under the impression that the adjoining land was state land and not private land and that even so, the ground anchors would not in any way damage KL’s land. With reference to the National Land Code 1965 and decided cases, advise both parties. (8 marks) QUESTION 2 To’ PuanNur owns a bungalow within the vicinity of Sultan Mahmud Airport in Terengganu. When she bought the house in 1985, the airport was still a small airport with only a few flights coming in. Since 2010 however, the airport was expanded and more airplanes started flying over her bungalow. One late evening in November 2012, To’ Puan saw a light aircraft flying very low over her bungalow. It was a particularly windy day due to the monsoon season. To’ Puan is worried and wishes to sue the airplane company for trespass. She also wishes to claim for an injunction to stop the company from using her airspace as a flight path for their airplanes. i) Advise To’ Puan on the prospects of succeeding in the action. (8 marks) ii) Would your answer be different if suddenly, a portion of the wing of the aircraft fell on the roof of To’ Puan’s bungalow causing damage to the bungalow and the aircraft eventually crashed onto the adjoining vacant land? (2 marks)

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