Title

Restitution for the Mistaken Improver of Land

Publication Type

Journal Article

Publication Date

2-2016

Abstract

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.

Keywords

Restitution, Unjust Enrichment, Mistake, Improvement of Land, Malaysia

Discipline

Property Law and Real Estate

Research Areas

Commercial Law

Publication

Conveyancer and Property Lawyer

Volume

[2016]

Issue

2

First Page

60

Last Page

69

ISSN

0010-8200

Publisher

Sweet and Maxwell

Additional URL

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333

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