Malaysia legislation
Section 145
Section 145
Saving of way leave agreement
(a)
affect the right of a licensee to enter into a way leave agreement with the owner or occupier of any land for the purpose of carrying any pipe, channel, conduit or similar structure, sewer, manhole, chamber, fixture or any other equipment forming part of a water supply system or sewerage system across the land; or
(b)
affect any such way leave agreement subsisting at the commencement of this Act.
(2)
Notwithstanding any written law relating to land, the Registrar, upon production to him of the original and the deposit with him of a certified copy of any such way leave 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 way leave agreement a note of the existence of the way leave agreement.
(3)
Where a way leave agreement related 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 subsections (2) and (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 way leave agreement in respect of which the note has been made.
Water Services Industry 105
(5)
In this section, the words “Commissioner” and “Interim
Register” have the meanings assigned to them respectively by the
National Land Code (Penang and Malacca Titles) Act 1963.
Compensation