Malaysia legislation
Section 15
Section 15
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(a)
affect the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of carrying a supply line across the land; or
(b)
affect any such wayleave agreement subsisting at the commencement of this Act.
(2)
Notwithstanding any written law relating to land, the Registrar, upon the production to him of the original and the deposit with him of a certified copy of any such wayleave agreement as is referred to in subsection (1), shall cause to be made on the register document of title relating to the land affected by the wayleave agreement a note of the existence of the wayleave agreement.
(3)
Where a wayleave agreement relates to land which is a holding included in the Interim Register—
(a)
subsection (2) shall apply as if “Commissioner” and
“appropriate folio of the Interim Register” were substituted for “Registrar” and “register document of title” respectively; and
(b)
when final documents of title are issued for the land under section 39 of the National Land Code (Penang and Malacca Titles) Act 1963 [Act 518], any note made pursuant to that subsection as varied by paragraph (a)
shall (if it is still effective immediately before the issue of those documents) be entered by the Commissioner on the register document of title and shall continue to have effect as if it had been entered under that subsection.
(4)
So long as there remains on the register document of title or the appropriate folio of the Interim Register a note made pursuant to subsection (2) or (3), all dealings with the land to which the note relates shall be deemed to be subject to the rights of the licensee under and by virtue of the wayleave agreement in respect of which the note has been made.
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(5)
Where a note or registration of a wayleave agreement made before 1 January 1966, pursuant to subsection (2) or (3) as then in force remained effective immediately before that date, then, for the purposes of subsection (4)—
(a)
it shall be regarded as a note made pursuant to subsection (2);
or
(b)
if it relates to land included as a holding in the Interim
Register it shall be entered on the appropriate folio of the Interim Register and shall then be regarded as a note made pursuant to subsection (3).
(6)
In this section—
“Commissioner” and “Interim Register” have the meanings assigned thereto respectively by the National Land Code (Penang and Malacca Titles) Act 1963.
Compensation