2. What is LAROW?
A right of way
Created by the Land Administrator
Over alienated land
To provide access between any land and a public
terminal
With or without concurrence from the proprietor.
(it is a type of imposed right)
(S 387: “public terminal” means the foreshore,
river, railway station, public road)
3. S 388(1): Power of LA to create LAROW.
S 388(2):
LAROW shall run with the land
Shall be binding on the land‟s proprietors and occupiers.
binds the successor in title.
2 types of LAROW S 389:
1. Public right of way –for the benefit of the public
2. Private right of way – for the benefit of the proprietor or
occupier of alienated land
4. Can a right of way be created
through dedication?
Yes, a public right of way can be established
by proof of dedication.
The dedication is presumed from evidence of
the use of the way made by the public, of the
actions, or inactions, of the landowner during
the relevant period.
5. Case: Lye Thean Soo v Syarikat Warsaw
[1990] 3 MLJ 369
Supreme Court:
“Public rights of way may arise in two ways.
They are either provided by statute, or they are
created by dedication of the soil to the public
use by the owner and acceptance of the
public.”
6. Creation of LAROW
Sections 390 & 391
1. Apply S390(1)
Private LAROW: make an application in Form 28A
Public LAROW: apply to LA if he thinks expedient, no
form.
2. LA hold an enquiry / makes an investigation.
S390(2)
Is LA under an obligation to hold an enquiry?
Case: Thankam de Silva [1995] 4 CLJ 584
Held: Discretion of LA whether or not to hold an
enquiry. If h has sufficient facts, may decide without
holding an enquiry.
7. 3. LA shall make an order if satisfied that it is
expedient to create a private or public
LAROW. S 390(3)
4. Survey conducted on the LAROW route.
S391(1)(a)
Cost of survey:
For public LAROW borne by the State
Authority
For private LAROW borne by applicant.
8. 5. IDT of the burdened land is delivered to LA.
S391(1)(b)
6. LA makes a memorial of the LAROW in
Form 28B on the RDT and IDT. S
391(2)(a)(i)
7. Prepare a plan of the LAROW and attach it to
IDT. S 391(2)(a)(ii)
8. Return the IDT.
9. Compensation for burdened land
Section 393:
Compensation shall be payable to any person for
the use of his land as a LAROW
And for any damage suffered in respect of trees,
crops, buildings…as a result of the LAROW
Case: Che Nik Bakar adequately compensated
10. Extinction of LAROW
Section 395:
2 grounds:
1. Failure to comply with conditions
2. No longer expedient (e.g. there are many
alternative roads)
11. Owner of the burdened land may apply to
cancel the LAROW.
LA will hold an enquiry. If LA decided that it
is no longer expedient, he shall cancel the
memorial on RDT and LAROW is
extinguished.
13. Si Rusa Inn 1978
The grantee was granted a private LAROW
against the landowner for access from the
grantee‟s land to the beach .
There is another access to the beach but it
would cover a much longer distance. (1 or 2
kilometres)
14. Issue: whether it is expedient to create a right
of way.
Court: expedient means more than mere
convenience or pleasure.
“there must be something more than just mere
inconvenience or convenience; some situation
that partakes of gravity or urgent necessity”
“there were no exceptional circumstances here
which could have impelled the Collector to
make the order…”
15. Liew Peck Lian 1961 MLJ 117
Court:
A Collector must be satisfied that
access was not otherwise reasonably
available.
„reasonably‟ did not mean
„conveniently‟
16. Che Nik Bakar v PTD Kuala Krai
1997 5 MLJ 516
There exists an alternative road.
However, the alternative route was still
a jungle, sloppy and hilly.
It is therefore not reasonable to treat
the road reserve as an alternative
route…
17. Vadivelu v M Radhakrishnan 1996
There were two alternative access roads:
The first road was only passable for light
vehicles.
The second was swampy and prone to flood.
Court: the LA was correct in ordering
LAROW.
