Apartment law in Malaysia buying properties without title: Legal point of view

Abstract

Strata titles type of property has given rise to many affecting problems affecting all parties interested in dealings with it as to the development, financing and ownership of subdivided buildings. The issue that had arisen has become an issue of great urgency in lieu of the legal transaction to transfer the ownership for strata title properties. The existing laws have many loopholes and not handy when problems come along. The amendments propose only for the problem in relation to management and maintenance of the buildings as well as the further interpretation of the property itself. There are no guideline as to the procedures in conveyancing. The conveyancing practice and procedures adopted by most solicitors to transfer this type of property is insufficient to cater problems that arise in many cases. The existing practiced must be reviewed by the Bar Council to put the laws and the development at the same pace. However there are still so many question left unanswered pertaining to the purchase of the property, to finance the property , to complete the construction of the property and to the solicitor, as to how to expediate the transaction. This paper will give the explaination as to why the problems were created during the transfer of the ownership and to whom do they reflect.