Responding to Land Fraud: Should torrens compensation scheme be introduced in Malaysia

Abstract

In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme as part of the Torrens system in Malaysia to provide statutory monetary compensation to land fraud victims. This paper employs library-based doctrinal study and comparative legal analysis. This research resolves that a compensation scheme should be established as one of the risk mitigations measures in facing land fraud. Keywords: Land Fraud, Indefeasibility of Title, Compensation Scheme, Torrens System eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI11.4171