YONG JOO LIN YONG SHOOK LIN AND YONG LOO LIN

Powerful Essays
Topics: Common law, Easement
Page 1

Malayan Law Journal Reports/1941/Volume 1/YONG JOO LIN YONG SHOOK LIN AND YONG LOO LIN v
FUNG POI FONG - [1941] 1 MLJ 63 - 17 January 1941
15 pages
[1941] 1 MLJ 63

YONG JOO LIN YONG SHOOK LIN AND YONG LOO LIN v FUNG POI FONG
[APPELLATE CIVIL JURISDICTION]
TERRELL AG CJ SS GORDON-SMITH AG JA & HORNE J
CIVIL APPEAL NO 7 OF 1940
17 January 1941
Easement of support -- Presumption of lost modern grant -- Acquisition of easement of support after uninterrupted user for twenty years possible in the FMS -- Land Code 1926 -- Civil Law Enactment S 2 -Specific Relief Enactment 1903
1941 1 MLJ 63 at 64
The plaintiffs alleged that after thirty years or more user they have a right to support for their buildings as against the defendant who was the owner of the servient a tenement and that this right had been infringed by the defendant. The defendant argued that the Common law doctrine, which presumed that an easement of support has been lawfully acquired after proof of uninterrupted user for twenty years, did not apply to the
Federated Malay States because of the Statute law prevailing there, and that the Land Code of 1926 is "such other provision- as to exclude the common law right of support which is prima facie applicable by virtue of S.
2 of the Civil Law Enactment;
Held,
(1)
(2)

that the common law doctrine of the presumption of a lost modern grant applies in the
Federated Malay States and that an easement of support can be lawfully acquired after twenty years or more uninterrupted user; that there is nothing in the Land Code 1926 to prevent the application of the common law by virtue of S. 2 of the Civil Law Enactment.

Cases referred to
Dalton v Angus 6 AC p 740
Wheaton v Maple & Co 1893 3 Ch 48
Commissioner of Stamps SS v Ooi Tjong Swan 1933 AC 378
Haji Abdul Rahman v Mohamed Hassan 1917 AC 209
The Attorney General v Lim Chin Swi (1904) 9 SSLR p 6
Ohna Mohamed Abubakar v Tho Yan Poh 13 SSLR 39
Angullia v Ong Boon Tat & Others 15 SSLR 190
Kilgour v Geddes 1904 1

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