Sunday, July 25, 2010

Fwd: My mom's land was taken away.




From: Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com>
Date: 25 Julai 2010 10:45:50 PM GMT+08:00
To: (deleted)
Subject: Re: My mom's land was taken away.

Hi. The law as under the national code pertaining TOL is very clear. Please to my related post. 

Be that is the case, the license to occupy by the third party in normal tol is only for a term of one year unless extended by the land office. To grand, cancel or extend is their prerogative decision.

There is no law as regard to what you want ie to cancel the tol. Unless you bring to court to challenge the land office decision. But your chance is very low. The reason is because the law is very clear and that your knew all the while that she had cultivated on a government's land. Your mother are lucky that they did not sue her for trespassing. 

Our law is quite different UK where the rule of adverse possession apply. To explain: the law where a person could claim ownership on land where he stays more than 12 years. 

Sent from my iPhone

On 25/07/2010, at 6:57 PM, (name deleted) wrote:

Hi Kamarul

Thanks for your speedy reply regarding my letter

sorry that i was not clear about the situation

My mother bought a piece of land that is about 1 acres that comes with the land tittle( ref land A ) , beside her land was a piece on vacant state land about the same size (ref land B).

She has been working on both land A & B for the past 23 years planting the same type of durian and palm oil but now T.O.L for land B have been given to 3rd party that never work on the land and tried to take advantage of my mothers lack of know how on this matter.

I came to know about you through your blog, i was hoping if you know of any law that will make the Pejabat tanah to cancel the T.O.L that was awarded to the 3rd party?


Once again my sincere thanks to you for spending time on this matter.




--- On Wed, 7/21/10, Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com> wrote:

From: Kamarul Irzuan bin Busu Piah <kirzuan@gmail.com>
Subject: Re: My mom's land was taken away.
To: (deleted)
Date: Wednesday, July 21, 2010, 11:10 AM

Hi. Thank you for your email. I am personally a bit upset to hear your matter. 

But the law is very clear on the tol matter under our national land code. I wrote one article about TOL in my blog regarding it.       

At the same time, I am also confuse with your email when you said your mom bought the land? From whom? And why she can buy the land if the land under tol? Normally tol land is a government land not people's land. 

Sent from my iPhone

On 21/07/2010, at 7:00 PM, (deleted) wrote:

Dear Kamarul

i am writing to you in regards of a great injustice that has happen to my mother.

My mother is a 56 years old women that had spent her entire life working as a farmer.
About 23 years ago , she bought a piece of land that is neighboring Sungai Pahang in Jerantut, Pahang.

This piece of land is about 1 acre and there is a piece of vacant state land around 1 acre beside it.
My mother has been working on both piece of land for the past 23 years by her self planning Durian trees, bananas and about 8 years ago palm oil tree.

However  recently that  we have discovered a temporary occupation licence has been given to a 3rd party that has never work on the land before. The TOL was paid for in May 2010

When we check with the land office , the answer that we get is " why she dint apply for the TOL?"

This incident has affected my mother greatly as she has pour all her youth into it

Can you advise me on what are the action that we can take to recover the land ?

Thank you for spending your time to read my letter.


Sincerely
Name deleted


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