Restitution for the Mistaken Improver of Land
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.
Restitution, Unjust Enrichment, Mistake, Improvement of Land, Malaysia
Property Law and Real Estate
Conveyancer and Property Lawyer
Sweet and Maxwell
SEE, Alvin W. L..
Restitution for the Mistaken Improver of Land. (2016). Conveyancer and Property Lawyer. , (2), 60-69. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1732