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Article
Restitution for the Mistaken Improver of Land
The Conveyancer and Property Lawyer (2016)
  • Alvin W-L See
Abstract
The recent Malaysian case of Dream Property Sdn Bhd v Atlas Housing Sdn Bhd [2015] 2 CLJ 453 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
  • Unjust Enrichment,
  • Restitution,
  • Mistake
Disciplines
Publication Date
2016
DOI
http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333
Citation Information
Alvin W-L See. "Restitution for the Mistaken Improver of Land" The Conveyancer and Property Lawyer (2016) p. 61 - 70
Available at: http://works.bepress.com/alvinsee/15/