Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

STRATA TITLE – MANAGEMENT – TRESPASS AND NUISANCE

Q: My neighbour rented out his condominium unit to university students. He partitioned his units and renovation works were carried out for a very long period of time. They often went on through the night and early hours of the day. This had affected my family and I so badly. The renovation too caused damage to my house. When the renovation stops, students moved in. The amount of people that would usually live in such a space doubled. The noise level was unbearable. We made complaints to the management corporation but nothing was done. What can I do?

You can make up a case for trespass and nuisance against your neighbour.

Trespass – Complaint on Renovation which Caused Damage

  • STEP 1 – Lodge a complaint against the local authorities to investigate the damage caused by the renovation works. The local authorities will carry out investigation and issue letters to the respective parties.
    The letters from the local authorities would be evidence that renovation was carried out and whether it was approved or not approved. If it is not approved, the local authorities will also issue notices instructing the respective parties to remove of the illegal renovation.
  • STEP 2 – Take pictures of the damage to your unit. Obtain expert witness eg. contractors to confirm the damage is caused by the renovation carried out by your neighbour.
  • STEP 3 – If the damage persists or if no compliance is made by the neighbour, you may seek legal redress against your neigbour for trespass.

Trespass is actionable per se, without the need to prove special damages.

Nuisance – Complaint on Illegal Renovation and Unbearable Noise from Students

  • STEP 1 – Lodge police reports and write to local authorities on the unbearable noise level and nuisance. Get the police to investigate. Identify the names of the investigating officers so that they can be later called to testify as witness.
  • STEP 2 – Obtain record of noise in your unit such as video or audio recordings. However, there is no compulsory need for scientific or technical evidence that the noise generated was beyond tolerable levels. The test for private nuisance is whether the noise breached levels of tolerance of decent society and community.

Action against Management Corporation or JMB

Legal action may also be taken against the management under the Strata Management Act 2013. The Management has the duty to ensure there is no nuisance (See Para 8(3) of the 3rd Schedule of the Strata Management (Maintenance and Management) Regulations 2015.)

Back to Latest Legal Updates

Sorotan Terkini

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

Read More »
12 Januari ,2025 Tiada Ulasan

SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

Read More »
12 Januari ,2025 Tiada Ulasan

EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW

The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.

Read More »
12 Januari ,2025 Tiada Ulasan

COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593

The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.

Read More »
1 Januari ,2025 Tiada Ulasan

SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE

The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.

Read More »
1 Januari ,2025 Tiada Ulasan

LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE

This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.

Read More »
1 Januari ,2025 Tiada Ulasan
ms_MYMY
en_USEN zh_TWZH ms_MYMY
× Hubungi Kami