SHAH ALAM, Jan 13 — Trespassing or encroaching on private land is a wrongful act in the eyes of the law, and landowners may defend their rights by initiating legal action at the High Court, said lawyer Aizac Ismail.
He said a landowner must lodge a police report and submit a notice of claim before filing a suit, as land-related cases fall under the High Court’s jurisdiction.
“If the notice of claim is ignored, the owner may apply for an injunction and an eviction order to prevent continued encroachment and compel the parties involved to vacate the area.
“The owner also has the right to claim compensation or damages through a court application for losses suffered, including property damage, loss of revenue and other financial consequences arising from the encroachment,” he told Media Selangor.
Aizac said landowners are not permitted to act on their own, including by demolishing illegal structures, and must adhere to due legal process. They should be proactive by fencing in their land and protecting their title documents.
Previously, Media Selangor reported that retiree Suhaili Ahmad, 70, claimed a temple had been built without permission on his land in Taman Topaz, Dengkil, which is preventing him from selling the property.
After the issue went viral on social media, the Sepang District and Land Office (PDT) urged landowners to take immediate action if they believe their land has been encroached upon.
Aizac said enforcement is limited to encroachments upon government, reserve, and mining land under Section 425 of the National Land Code (Revised 2020).‘Landowners can sue for trespassing, encroachment’
