Malaysia legislation
Section 45
Section 45
Conditions, etc., of replacement titles
(a)
the land to which the title relates shall be liable to be re-entered by the State if it is abandoned for a period of three years or more; and
(b)
after any such re-entry neither the proprietor nor any other person shall have any further right in or claim to the land or any interest therein:
Provided that, if within six years after the date of any such re-entry the last proprietor or any other person establishes a claim to the land or an interest therein to the satisfaction of the State Director of Lands and
Mines, there may be paid to him such monetary compensation (not exceeding the value of the land or interest as appraised by the State Director) as the Yang di-Pertua Negeri may direct.
(2)
Every replacement title shall be subject—
(a)
to any express covenants, conditions or restrictions appearing in the document of original title which were effective immediately before the appointed day; and
(b)
in so far as there is no inconsistency with any covenant, condition or restriction of the kind mentioned in paragraph (a), to the appropriate condition (if any)
contained in the Third Schedule.
(3)
A covenant, condition or restriction to which a replacement title is subject by virtue of paragraph (2)(a) or (b) shall be endorsed on the Interim Register in the manner provided by subsections (4), (5)
and (6).
National Land Code (Penang and Malacca Titles)
(4)
Where the number and description of an indenture, grant, lease or other instrument are entered in the Interim Register under the heading “Original Tenure”, the entry shall be taken as referring to the document of original title and as constituting an endorsement on the
Register of such covenants, conditions or restrictions of the kind mentioned in paragraph (2)(a) (if any) as appear in the document.
(5)
Where the letter A, B or C is entered in the Interim Register under the heading “Replacement Title”, the entry shall be taken as constituting an endorsement on the Register of the condition contained in the Third Schedule which is described by the letter so entered.
(6)
Where the words “First Grade” or “Grant (First Grade)” or any other words indicating that a replacement title is a grant (first grade) are entered in the Interim Register, the entry shall be taken as constituting an endorsement on the Register of the condition contained in paragraph 5 of the Third Schedule.
(7)
Nothing in subsection (1) shall be deemed to affect sections 89 and 90 of the Administration of Muslim Law Enactment 1959
[Penang En. No. 3 of 1959], of the State of Penang or sections 37 and 38 of the Administration of Muslim Law Enactment 1991 [Malacca
En. No. 5 of 1991], of the State of Malacca.
Merger and division of titles