National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Partition of lands
140. Powers of co-proprietors to partition with approval of State Director, Land Administrator or State Authority
Feedback & supportAny alienated land which is held under Registry or Land
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
Office title by two or more persons as co-proprietors may, by agreement between those persons and with the approval under this
Chapter of the State Director or Land Administrator, as provided by subsection (2), be partitioned—
State Director
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;
so as to vest in each of them, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; or 173
where two or more of them are to continue as co-proprietors, so as to vest—
in the remaining co-proprietor or, as the case may be, each of such co-proprietors, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; and
in the continuing co-proprietors the remainder of the land under a separate title.
In the absence of any direction to the contrary by the
State Authority, the approval required by subsection (1) shall be given—
by the State Director in the case of land held under
Registry title; and
by the Land Administrator in the case of land held under
Land Office title.
If the alienated land referred to in subsection (1) is subject to the category of “agriculture” or to any condition requiring its use for an agricultural purpose and is—
agriculture
“agriculture” includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, the breeding and keeping of honey-bees, livestock and reptiles, and aquaculture;
two-fifths of a hectare; or
less than two-fifths of a hectare;
the co-proprietors referred to in that subsection may, by agreement between them and with the approval of the State Authority as provided by section 143a, partition the land.
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 141
In its application to the Federal Territory of Labuan—
delete the words “or, as the case may be, Land
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Administrator” wherever they appear;
in paragraph (1)(b), delete the words “or, as the case may be, the Land Administrator”.
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
National Land Code
National Land Code 249