Malaysia legislation
Section 74
Section 74
(a)
acquire land outside the lot to be used for the purposes connected with subdivided building or land;
(b)
grant or accept the burden of an easement imposed on the lot for the benefit of some other land; or
(c)
accept the benefit of an easement imposed in favour of the lot on some other land.
(2)
The land outside the lot acquired under paragraph (1)(a)—
(a)
shall be treated and dealt with as if it were part of the common property; and
(b)
shall be held on a separate title and shall not be amalgamated with the lot.
(3)
Where an instrument is executed by the management corporation in the exercise of its powers under subsection (1)—
(a)
the instrument shall be valid and effective without execution by any proprietor or other person or body having an interest in the land;
(b)
the receipt of the management corporation for any moneys payable to the management corporation under the instrument shall be a good and sufficient discharge which exonerates the person or body paying the moneys from responsibility for the application of the moneys;
and
(c)
when the instrument is filed for registration, it shall be endorsed with or accompanied by a certificate under the seal of the management corporation stating that—
(i)
the resolution directing the transaction to which the instrument relates was duly passed; and
Act 757
(ii)
the transaction conforms to the terms of the resolution.
(4)
A certificate given under paragraph (3)(c) shall, in favour of the Commissioner or a party to the transaction other than the management corporation, be conclusive evidence of the facts certified.
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