Alienation of land for residential projects in Malaysia and new south Wales, Australia: A comparative legal analysis

• Main Author: Md Dahlan, Nuarrual Hilal
• Format: Conference or Workshop Item
• Language: English
• Published: 2014
• Subjects: K Law (General)
• Online Access: http://repo.uum.edu.my/11717/1/Nu3.pdf; http://repo.uum.edu.my/11717/; http://www.internationalconference.com.my/proceeding/icber2014_proceeding/icber2014_proceeding.html

State Authority in Malaysia has on absolute power in the alienation of lands.They are not obliged to refer to the technical agencies for views before making any decisions to alienate land or otherwise.Due to the absoluteness of their power to alienate land, there have been cases where the State Authority has failed to carefully carry out this power to the detriment of the residential projects' developers.This failure to the extreme may contribute to the occurrences of many failed residential projects in Malaysia. This paper analyses this issue through a combination of qualitative case study and legal research methodologies. Apart from this, the author compares between the laws and practices in Malaysia and New South Wales, Australia concerning alienation of lands, for finding out the strengths of the New South Wales's, that can be learned and adopted in Malaysia in the alienation of land to avoid the occurrences of failed residential projects.