Abstract :
Land, is a subject that draws the concern of both, law, and economy; and the society at large. As a form of property it is, undoubtedly impregnated and muddled with conflicting legal concepts. Its physical nature of permanency and durability has further endowed it with a unique capability of hosting multipilicity of rights and interests that could in turn be held, enjoyed and controlled by different persons or bodies at the same time. As these rights and interests over land may tend to converge, conflict between the parties involved are inevitable.The need to avoid or rather minimize these conflicts and thus be able to determine who owns or is entitled to what over the land made it necessary to define legally what actually constitutes or should be considered as land. The statutory definiiton of (land however, is grossly insufficient that the Malaysian courts have to turn to English common law to fill in the gaps. This paper tries to highlight these aspects through a comparative analysis of the case law.Associate Professor, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia.
