CHYREL RACHEL JAMES

LEB130020

LAND LAW I
SEMESTER 1 (2014/2015)

The Position of Squatters in Malaysia

When a person remains on a land of someone else without holding a title, a right or
made any payment of rent, he is said to be a squatter1. In other words, a squatter is someone
who unlawfully occupies an uninhabited building or unused land. Hans Pruijt, a Dutch
sociologist, in his research entitled The Logic of Urban Squatting, separated squatters
into 5 different categories, i.e. deprivation-based, an alternative housing strategy,
entrepreneurial, conservational and political2. Squatting is when someone occupies the land
without the owners permission, often without knowledge and any right to do so.
The position of squatters in other countries may differ from Malaysia. In England, squatting
is criminalised under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders
Act 20123. In addition, squatting in Scotland is punishable by fine or imprisonment under the
Trespass (Scotland) Act 18654. However, in United States of America, the doctrine of adverse
1 Squatter Law & Legal Definition. (n.d.). Squatter Law & Legal Definition.
Retrieved October 12, 2014, from http://definitions.uslegal.com/s/squatter/
2 Pruijt, H. (2013). The Logic of Urban Squatting. International Journal of Urban
and Regional Research, 37(1), 22-41. Retrieved October 10, 2014, from
DOI:10.1111/j.1468-2427.2012.01116.x
3 Section 144 - Offence of squatting in a residential building(1)A person
commits an offence if
(a)the person is in a residential building as a trespasser having entered it
as a trespasser,
(b)the person knows or ought to know that he or she is a trespasser, and
(c)the person is living in the building or intends to live there for any period.

4 Section 3 - Parties lodging in premises or encamping on land, without

permission, guilty of an offenceEvery person who lodges in any premises, or occupies
or encamps on any land, being private property, without the consent and permission of
the owner or legal occupier of such premises or land, and every person who encamps or
lights a fire on or near any road or enclosed or cultivated land, or in or near any
plantation, without the consent and permission of the owner or legal occupier of such
road, land, or plantation shall be guilty of an offence punishable as herein-after provided.

CHYREL RACHEL JAMES

LEB130020

LAND LAW I
SEMESTER 1 (2014/2015)

possessions, in a way, provides for the rights of squatters. The doctrine poses a time limit on
land owners rights to evict illicit occupants such as squatters. It was further explained that
the rights by adverse possession can be gained only if the illegal occupant believe and
mistakenly in fact, that he has the present right of ownership which gives legal validity in his
occupancy5.
Moving on to the position of squatters in Malaysia, under the National Land Code, Section
425 stated that illegal occupation of a land is an offence against the State. This shows that
squatting is also illegal in Malaysia. In addition, Malaysia has a different stand from United
States of America in regards to the doctrine of adverse possession. Section 48 of the National
Land Code6 explicitly stated that there is no adverse possession against the State and that
under Section 3417; adverse possession shall not extinguish titles or interests of land. One of
the ways to evict squatters is under Order 89 on Summary Proceedings for Possession of
Land; where a proceeding in the court may be brought by originating summons in accordance
with the provisions in the Order, if a person claims possession over a land that is unlawfully
occupied by someone else without his licence or consent. However, in order to be evicted
under Order 89, squatters must be proven to be squatters simpliciter. One will only be a
squatter simpliciter if the State Authority had no knowledge of his or her presence on the
5 Manaster, K. A. (1968). Squatters and the Law: The Relevance of the United
States Experience to Current Problems in the Developing Countries. Tul. L. Rev.,
43, 94. pp. 12
6 Section 48 No adverse possession against the StateNo title to State land shall
be acquired by possession, unlawful occupation or occupation under any licence for any
period whatsoever.

7 Section 341 - Adverse possession not to extinguish titles or interestsAdverse

possession of land for any length of time whatsoever shall not constitute a bar to the
bringing of any action for the recovery thereof by the proprietor or any person or body
entitled to an interest therein, and accordingly, the Limitation Act 1953, shall in no
circumstances operate to extinguish any title to, or interest in, land.

CHYREL RACHEL JAMES

LEB130020

LAND LAW I
SEMESTER 1 (2014/2015)

particular land. If it was found that the State Authority was aware of their presence on the
particular land, they will not be squatters simpliciter8. Malaysia has also been implementing
the Essential (Clearance of Squatters) Regulations 19699 that legalizes forced eviction of
squatters by the local authorities.
This clearly shows that in the eyes of the law, squatters in Malaysia are unacceptable.
In the case of Sidek bin Haji Muhammad & 461 Ors v Government of the State of Perak10, the
appellants were squatters. A meeting between the squatters and government officers was held
in which it was alleged that the State Director of Lands and Mines said that each settler
family would receive five acres of paddy land. Eventually some of the squatters were given 3
acre lots but others including the appellants were not successful. The appellants were given
notice to stop work and to vacate the area. The appellants brought an action for a declaration
that they were entitled in law and in equity to be in possession of the respective lots originally
occupied by them. The respondents then applied under Order 18, rule 19 of the Rules of the
High Court to go against the appellant's action on the grounds that they were squatters. It was
held in this case that the appellants had no cause of action against the respondent and that
they would not succeed as the appellants are squatters. Squatters have no right in law or
equity.
In another case of Ng Ben Thong & Ors v Krishnan a/l Arumugam11, the plaintiffs,
registered owners of the said land, discovered that the defendants had unlawfully occupied
8 Vellasamy a/l Ponnusamy & Ors v Gurbachan Singh a/l Bagawan Singh & Ors
[2006] 2 MLJ 715
9 Regulation 10 - Notice to remove squatters and demolish squatter huts.
10 [1982] 1 MLJ 313
11 [1998] 5 MLJ 579

CHYREL RACHEL JAMES

LEB130020

LAND LAW I
SEMESTER 1 (2014/2015)

and built wooden huts on the land. Plaintiffs stated that they had not given any permission to
the defendant and his family to occupy the land. Nevertheless, the defendants appealed that
permission was given by the 1st and 2nd plaintiffs when they came and visited the land.
Defendant also stated that they had agreed to tenancy. In addition, the defendants attempted
to justify their actions by stating that they are currently homeless. The court held that it
should not be swayed from its duty to the owner by the plea of homelessness. Plaintiffs were
granted vacant possession of the lands.
Taking note of what both of the cases had lay down, squatting in Malaysia is clearly illegal
and any person found squatting is an offence under Section 425 of the National Land Code,
as laid down in the case of Sidek bin Haji Muhammad. The law does not allow the plea of
homelessness to affect the courts decision from performing its duty to the lands owner, as
explained in the case of Ng Ben Thong. A squatter will never have any legal rights over the
land he occupied no matter how long he had been occupying it without the knowledge of the
owner of the land. The law in Malaysia also does not practice the doctrine of adverse
possession as stated in Section 48 and Section 341 of the National Land Code.