Restitution for the Mistaken Improver of Land

• Main Author: SEE, Alvin W. L.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2016
• Subjects: Restitution; Unjust Enrichment; Mistake; Improvement of Land; Malaysia; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/1732; https://ink.library.smu.edu.sg/context/sol_research/article/3684/viewcontent/Restitution_for_the_Mistaken_Improver_of_Land.pdf
• Institution: Singapore Management University

The recent Malaysian case of Dream Property Sdn Bhd v Atlas Housing Sdn Bhd marks a rare occasion where an improver of another’s land is allowed to claim from the latter for the improvement. In a landmark judgment, the Federal Court of Malaysia recognised the right of recovery as based on the law of unjust enrichment, but curiously departed from certain well-established principles under common law which are less generous to the improver. The significance of this decision clearly lies in its contribution to the continuing endeavour to achieve an appropriate balance between the interests of the landowner and the improver.