Land administration and the right of access to land: an analysis of the concept of temporary occupation license under Malaysian land law

• Main Author: Kadouf, Hunud Abia
• Format: Article
• Language: English
• Published: LexisNexis 2011
• Subjects: K Law (General); KPG Malaysia
• Online Access: http://irep.iium.edu.my/17804/1/mlj_2011_3_lxxx.pdf; http://irep.iium.edu.my/17804/
• Institution: Universiti Islam Antarabangsa Malaysia

Modern problems such as globalisation, population growth, urban expansions and the ever increasing demand for land require that sustainable management of scarce natural resources, such as land becomes a necessity. LAck of good governance and proper land administration is one of the many problems endemic to ddeveloping countries. This has adverse effects not only to the proper economic and agricultural development of these countries but also in distorting equitable distribution of land thus affecting social equilibrium of these societies. Most of the countries have devised ways and means to ensure that, at least, the majority of their population have proper access to land. Some of these devices may prove successful while others have yet to test of their usefulness. In this paper, an attempt will be made to discuss how the Malaysian Government has managed to ensure that people have access to land to satisfy their social and economic needs while it continues to own the land. This is achieved through the device of what is commonly known as 'temporary occupation license'. This paper will further attempt to discuss through case analysis, the judicial attitutes toward the nature of this device.