Section 4

(1)

In this Act, unless the context otherwise requires –

*“appointed day” means the day appointed by the Minister under section 3;

“Board” means the Land Titles Appeal Board established under section 11;

“Director” means the Director of Land Titles appointed under section 6, and includes a Deputy Director;

“country land” has the same meaning as in the National Land Code

[Act 56 of 1965];

“Court” means the High Court in Malaya;

“dealing” means any transaction of whatever nature by which any land is affected;

*NOTE—The appointed day is 1 January 1966 vide L.N. 475/1965.

National Land Code (Penang and Malacca Titles)

13

“Deputy Director” means a Deputy Director of Land Titles appointed under section 6;

“Director of Survey” means the Director of Survey of the State, and in relation to any time prior to the creation of the office of Director of

Survey includes any officer who was then exercising in the State the powers of the Director of Survey;

“document of original title” means the original grant, indenture, lease or other instrument made by the Dutch Authorities, the East

India Company, the Crown or the State, as the case may be, from which the pre-existing title to a holding or part of a holding descends or is presumed to descend;

“estate in land” includes any title to land, any right thereunder, and any right subsisting under a replacement lease or replacement mortgage or charge;

“Form” means any form prescribed in the First Schedule;

“holding” means a piece of land (not being mining land or State land) duly surveyed under this or any other written law for the time being in force in the State and on the appointed day being delineated on a plan certified by or on behalf of the Director of Survey as a lot or lots delimited, except as otherwise provided in sections 29 and 30, by right-line boundaries;

“interest” in relation to land means any interest in land recognized as such by law, and includes an estate in land;

“Interim Register” means the register prepared and maintained under Chapter 3 of Part III;

“Land Administrator” means any Land Administrator or Deputy or

Assistant Land Administrator appointed for the State or any district thereof;

“mining land” has the same meaning as in the National Land Code;

14 Laws of Malaysia ACT 518

“Mukim indication” means words endorsed on the Interim Register under section 43;

“pre-existing” means, generally, in existence immediately before and not having lapsed or expired before the appointed day;

“pre-existing deeds” means all deeds, documents of original title and instruments of any kind whatsoever evidencing or purporting to evidence any pre-existing interests;

“pre-existing interests” means all interests, rights, titles and estates

(not being interests, rights, titles or estates vested in the Yang di-Pertua Negeri or the Government of the State) subsisting immediately before the appointed day in any land in the State, including any title therein acquired by adverse possession or operation of law or under any unregistered pre-existing deed;

“purchaser” means a person who in good faith and for valuable consideration acquires an interest in land, and includes a mortgagee, chargee and lessee;

“registered” means, generally, registered under this Act or, in relation to the period preceding the appointed day, registered under the Registration of Deeds Ordinance [S.S. Cap. 121] or the Mutations in Titles to Land Ordinance [S.S. Cap. 126];

“replacement lease” means a lease endorsed upon a replacement title in the Interim Register in replacement of a pre-existing lease;

“replacement mortgage” or “replacement charge” means a charge endorsed upon a replacement title in the Interim Register in replacement of a pre-existing mortgage or charge, as the case may be;

“replacement title” or “replacement interest” means a title or interest, as the case may be, in any holding to which any person is entitled under, and which has been entered, on the Interim Register in accordance with Part IV;

“river” includes any stream, channel or watercourse;

National Land Code (Penang and Malacca Titles)

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“settlement” and “settled estate” have the meanings respectively assigned thereto by section 2 of the Settled Estates Ordinance [S.S.

Cap. 52];

“State” means the State of Malacca or the State of Penang, as the circumstances may require;

“State land” has the same meaning as in the National Land Code;

“trust” and “trust for sale” have the meanings respectively assigned thereto by section 3 of the Trustee Act 1949 [Act 208];