My Dear Ah Boy,
You come back, stand on your pa’s land, and what you see? Got people. Sometimes many, sometimes just their chickens. I know, you heart pain. Not easy. I also kena before. So now I write you this letter, lah. Not just any letter. This one got some lawyer seasoning—my kaki tell me all, don’t worry. This is my duty, can help, must help. Now you jaga, ah.
First Thing, Chill But Don’t Wait
You now owner, you mesti jaga. This land, after your pa gone, all the stories, now become your responsibility. But ah, don’t anyhow go shout at the fellas or throw their things. Lawyer say cannot “self-help”—meaning, don’t be hero or gangster. If not, later you kena trouble.
Understand Your Rights (Law a Bit Kiam Chai, But Very Clear)
I quote what lawyer write me last week—
“Under National Land Code Section 341, landowner holds the ultimate title. Squatters, trespassers, regardless of how long, got no title or legal right. No story also cannot. Refer [Sidek bin Haji Muhamad & Ors v Govt of Perak [1982] 1 MLJ 313].”
In English: You boss now. No need to ask permission from others to clear your own land. But must play by the rules.
Step By Step La, Don’t Skip
- Collect All Your Papers
- Title deed. Original if can. Photocopy later.
- Anything show you are owner—testament, grant.
- Take photo of the people/their things on land. Don’t be shy, but don’t scold them.
- If got chat on WhatsApp, or old neighbour who can confirm when they start coming in, keep that too.
- Give Small Chance—Notice to Vacate
- Sometimes people don’t know; sometimes pretend. Never mind.
- Lawyer say: write notice. Tell them: “7, 14, maximum 30 days, please leave otherwise I need to go court.”
- You can ask me, I got sample. Just let me know.
- Ah, like in Taman Jinjang Baru case, give time, but after that, must move.
- When No Want to Move, Go Court
- Now, ah boy, you don’t scare. Order 89 of Rules of Court 2012 is your friend. This one, only for real owner, versus squatters and trespassers.
- File Originating Summons. Let lawyer help. They write affidavit—explain how, when, why these people there.
- Even if don’t know their name, just “unknown occupants” also can.
- Court say need to serve the summons—paste on gate, on tree, let them read.
- If They Shout Back, Court Will Look Properly
- Maybe they got story. Say someone let them in. Eh, then judge may want more info, maybe got trial—like Shaheen Bte Abu Bakar v Perbadanan Kemajuan Negeri Selangor [1998] 4 MLJ 233.
- If no story, judge straightaway side with you, give Order for Possession.
- Order in Hand—Enforce Fast
- Don’t keep the order too long. Within three months must use, if not the old fellas say, “Too late, boy”—as in the lawyer letter.
- Apply for Writ of Possession. Bailiff and maybe police come, give last warning: “14 days ah, then we come with lorry.” Don’t play.
- If Still Don’t Go—The Court Team Will Remove Them
- Once the last day come, court bailiff take charge. No need you stand there takut or malu. They settle.
Uncle’s Lazy People’s Guide
| Step | What To Do | Law/Case |
|---|---|---|
| Confirm you’re the owner | Gather grant, proof | NLC Sec 341, |
| Give chance (notice) | Letter, WhatsApp, talk | News, good practice |
| File Order 89 application | Lawyer helps, court papers | Order 89, , |
| Get order or go trial | Court decides | Above cases |
| Ask for bailiff to evict | Writ of Possession, enforcement | Court procedure |
Tips from Uncle’s Own Experience
- Always keep kopi-O money for lawyer. Good one can make things run smooth.
- Visit your land sometimes—people see owner got interest, less nonsense.
- Don’t get angry—shout also no use, sometimes police only act if got court order.
- If scared, call me. Don’t act alone.
A Bit of The Lawyer’s Words, You Read Also Feel Power
“The law is with landowners, unless those inside prove got consent or valid license. No amount of pity or years staying by squatters gives a right. But all must follow legal process. No shortcuts.”
End Bit
Ah Boy, you do all this slowly, but must start soon. After all, your papa sweat for this land, not for others to take. Time to show what you’re made of—but use the law. Don’t end up in trouble because you act too quickly. I help you—just call.
With heart,
Ah Kim
(P.S. Next time you come over, I make chai boey for you. This kind of thing, after solve already, very shiok to eat.)
Important Notice
This article was written to provide entertainment and education for our readers. Please do not treat this article as legal advice. Please do consult with a licensed lawyer who can advise you. The uncle Ah Kim and his nephew Ah Boy are both fictitious and were concocted to provide a context for this article.
In case of enquiries regarding squatters and vacant possession, please get in touch.