How safe are records at Land Office?

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Hi
This comment appeared in the Penang Property Website Comment section against the Infinity Project at Tanjung Bungah. I have no idea of its accuracy but I would stress that the developer is a company of some substance:

It seems that this project has some land title issue now that the High Court has revert its decision on the rightful land owner. This project land is the Adorna vs. Boonsom case that being mentioned in the Star today 22/1/2010.

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hi, donohue,

That's interesting. I guess that there could be a number of cases now being readied for appeal/court action following the Federal Court decision.

It's great that the rightful owner is now recognised to be the person who had the land stolen from them rather than the person who bought it off the thief.   

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Hi
I did a bit of digging on this matter.
Adorna's case did involve land in Tanjung Bungah but the Malaysian Federal Court ruled in 2000 that the developer got good title from the forger.

What was decided this week by the Federal Court was to overturn Adorna's case.

That does not mean that the land in Adorna goes back to the rightful owner as that case was done and dusted some ten years ago.

So if it does relate to Infinity everyone can rest easily.

By the way, while the case sounds to be a fair outcome it had/has the potential actually to be a quite dramatic undermining of the registered title system. Most modern systems allow a buyer to rely upon the title registry for proof of ownership. In other words, unless you are on notice of fraud etc. the buyer is entitled to assume that the registered owner can deal with the property. If you have to also establish that each transfer is valid you move to the uncertainties and cost of administering general law systems such as those which apply in the UK.
The good news is that Adorna dealt with the concept of immediate defeasbility which in theory means you only have to go one transfer forward from the forger to get good title. That is a gross oversimplification of the rules however.
The motto is use a lawyer to do the property work so if there is a stuff up you can sue their insurer!!

Thus endeth the lesson. It's Sunday and we should all be off for dim sum 

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By the way the price for the block of land on which Infinity is built (assuming it is the same land) was 12 Million MYR in 1989.
Cheers 

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The lesson is not to own vacant land here especially when you are not in the country. Look at the number of years it took for the rightful owner to get the ownership acknowledged somewhat, but it's the new owner who purchased it legally from the thief - they get the real benefit!

Enjoy your Sunday dim sum Donohue...I'm still suffering from indigestion from last evenings Japanese Buffet at Evergreen 

BB