Boundary Disputes in Malaysia: Legal Solutions for Landowners

Boundary disputes between neighbouring landowners are a common source of conflict in Malaysia, particularly in residential areas, agricultural land and commercial developments. These disputes can arise from unclear boundary markings, encroachment by one landowner onto another's property, discrepancies between the title plan and the physical boundaries on the ground and disagreements over shared walls, fences and access ways. Left unresolved, boundary disputes can escalate into costly and protracted legal proceedings. This guide explains the legal options available for resolving boundary disputes in Malaysia, from informal negotiation to court action.

Common Causes of Boundary Disputes

Boundary disputes in Malaysia typically arise from the following circumstances:

• Encroachment: A neighbour builds a structure, plants trees or places objects that extend beyond their boundary onto your land.
• Disputed boundary lines: The physical boundary on the ground does not match the boundary shown on the title plan or certified plan.
• Adverse possession: A neighbour claims ownership of land that they have occupied continuously for a period exceeding 12 years under the Limitation Act 1953.
• Shared boundaries: Disputes over walls, fences, hedges or drains that are located on or near the boundary line.
• Access rights: Disagreements over rights of way, easements or access to landlocked property.

Step 1: Check the Title Documents

The first step in resolving a boundary dispute is to examine the title documents for both properties. The issue document of title (geran or hakmilik) and the certified plan lodged with the Land Office show the exact boundaries of the property as registered by the Survey Department. You can obtain a certified copy of the title and plan from the Land Office. Compare the registered boundaries with the physical boundaries on the ground. If there is a discrepancy, it may be due to an error in the survey, an encroachment or a historical boundary that differs from the registered one.

Step 2: Commission a Land Survey

If the title documents do not resolve the dispute, the next step is to commission a licensed land surveyor to prepare a boundary survey. The surveyor will establish the precise boundary lines based on the registered title plan and mark them on the ground. The survey report will indicate whether any encroachment has occurred and the extent of the encroachment. A professional survey report is a critical piece of evidence if the dispute proceeds to court.

Step 3: Negotiation and Mediation

Before commencing legal proceedings, it is advisable to attempt to resolve the dispute through negotiation or mediation. In many cases, the dispute is the result of a genuine misunderstanding about the boundary location, and a survey report showing the true boundary may be sufficient to resolve the matter. Mediation, facilitated by a neutral third party, can help the parties reach a mutually acceptable solution, such as agreeing to adjust the boundary, sharing the cost of a new fence or granting an easement. The mediation approach is faster, cheaper and less adversarial than court proceedings.

Step 4: Legal Action

If negotiation and mediation fail, the aggrieved landowner may commence legal proceedings. The following remedies are available:

• Ejectment action: A court action to remove the encroaching neighbour from the land and restore possession to the rightful owner.
• Trespass claim: A claim for damages for trespass, seeking compensation for the unauthorised use of the land.
• Mandatory injunction: A court order requiring the encroaching neighbour to remove the offending structure or object from the land.
• Declaratory relief: A court declaration confirming the boundary line and the respective rights of the parties.
• Application to the Director of Lands and Mines: Under Section 41 of the National Land Code, the Land Administrator may investigate and determine boundary disputes.

Adverse Possession Claims

Under the Limitation Act 1953, a person who has been in continuous possession of land for 12 years or more may acquire title to that land through adverse possession. This means that if your neighbour has been occupying a portion of your land openly and without your permission for more than 12 years, they may have a claim to ownership of that portion. If you are concerned about a potential adverse possession claim, you should take legal action to recover possession before the 12-year period expires.

How Messrs S K Song Can Help

The property law team at Messrs S K Song has extensive experience handling boundary and land disputes in Johor Bahru. We advise on survey requirements, negotiate with neighbouring landowners and their solicitors, and represent clients in court proceedings. Contact our Johor Bahru office for a consultation.