National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title in continuation of final title
166. Circumstances in which title in continuation may be issued to land as a whole
Feedback & supportThe circumstances in which title in continuation may be issued under this Chapter to any land as a whole are as follows:
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;
where the Registrar or Land Administrator decides with respect to the register document of title thereto—
at the time when he makes any entry thereon, that there is insufficient space for the making of further entries; or
at any time, that the document can, by reason of its physical condition, no longer be used;
where, on its production to him for any purpose, the
Registrar or Land Administrator makes a similar decision with respect to the issue document of title thereto;
where, by a notice or notices under section 15, the
Registrar or Land Administrator has called upon the proprietor, and any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof, to produce the issue document of title, and the notice or notices have not been complied with;
where an application therefor has been made by any person or body in accordance with subsections (2)
and (3), on the grounds that the issue document of title has been lost, or wholly or partially destroyed, or is being improperly or wrongfully withheld;
where, on a partial surrender of land or on the resurvey of a natural boundary, the Registrar is required by subsection 202(3) or 354(3) to issue title in continuation as if we were issuing title in continuation to land as a whole;
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National Land Code 277
Provisions of the
National Land Code
Modification
Section 166
In its application to the Federal Territory of Labuan—
in subsection (1)—
delete the words “or Land Administrator”
wherever they appear; and
delete subparagraph (a)(i);
in subsection (3), delete the words “or, in the case of land held under Land Office title, the Land
Land Office title
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
Administrator,” and “or 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;
where any alienated land has been partially affected by encroachment by the sea or any river;
where a document of title relates to more than one lot;
where only part of a piece of land has been acquired by the State and the part left unacquired has been resurveyed;
where the Registrar or Land Administrator decides that a multileaf title is required to be issued; and
where action has been taken under subsection 160b(2).
An application under paragraph (1)(d) may be made by the proprietor of the land in question, or by any person or body claiming through the proprietor.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Every such application shall be made in writing to the
Registrar or, in the case of land held under Land Office title, the
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Land Administrator, and shall be supported by such evidence of the loss, destruction or withholding therein alleged as the Registrar or Land Administrator may require.
For the purpose of paragraph (1)(h), if the part acquired refers wholly or in part to underground land, the title in continuation to be issued for the part left unacquired shall be endorsed in accordance with subsection 92b(2).