Land fraud has been common in the last 15 years in Malaysia. It was an unforeseen consequence of the Federal Court’s decision in Adorna Properties Sdn Bhd v Boonsom Boonyanit  2 CLJ 133. The crux of this particular case was that a property was fraudulently transferred on a forged instrument without the knowledge of the real owner. A third party bona fide purchaser for value acquired the property. The Court decided that the third party is entitled to retain the property leaving the real owner empty-handed. As a result, the real owner, a victim of fraud, lost the property without any remedy. Attempts to recover losses against the perpetrators were in vain.
Resulting from that case there have been many incidents where land owners found their properties mysteriously transferred and subsequently sold to unsuspecting bona fide purchasers. This situation has given rise to numerous cases in the Malaysian Court of landowners seeking to recover their properties and/or obtain compensation. If you find yourself in such a situation or require further information, kindly contact Mr Brian Cumming (firstname.lastname@example.org), Mr Alfred Lai (email@example.com) and/or Ms Teo Qing Qing (firstname.lastname@example.org).
Ensure your land titles are secured and safe. Take the time to frequently visit your property and do not leave it unnecessarily vacant. This type of land fraud normally occurs to a property which is vacant, unattended and normally long held by families. There have been instances where old family homes which were unoccupied for several years were stolen and sold off to unsuspecting purchasers.