In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title in continuation of final title

171. Preliminary procedure in cases of subdivision

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(1)

Where title in continuation is to be issued under this

Chapter on the subdivision of any alienated land, the Land

Administrator shall—

(a)

determine in accordance with subsection (3) the rent to be paid in respect of each subdivisional portion;

(b)

notify the proprietor of the rents so determined;

(c)

request the proprietor to deliver to him the issue document of title to the land; and

Act 828 196

National Land Code 285

Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Subsection 171(2)

In its application to the Federal Territory of Labuan, delete the words “or Land Administrator, as the case may be,”.

National Land Code

National Land Code 287

(d)

if any amount has been underpaid or overpaid in respect of survey fees under paragraph 138(4)(a), call upon the proprietor to pay the deficit or, as the case may be, refund to the proprietor the excess.

(2)

Title in continuation shall not be so issued until the proprietor has paid all amounts demanded of him under paragraph (b) of the said subsection (4) or paragraph (d) of the preceding subsection;

and if the proprietor fails to deliver up the issue document of title as requested, the Registrar or Land Administrator, as the case may be, shall not issue title in continuation until he has—

(a)

by a notice or notices under section 15, called for its production by any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof; and

(b)

if it is not produced, taken the further steps specified in section 168.

(3)

The rent determined pursuant to paragraph (1)(a) in respect of any subdivisional portion shall be an amount computed by reference to—

(a)

the area of the portion as established on its survey; and

(b)

the rate per hectare at which rent is currently payable in respect of the whole land, and where the rate referred to in paragraph (b) is not otherwise ascertainable, it shall be calculated by dividing the total rent payable in respect of the whole by the total area thereof, for which purpose subsection 96(1) relating to fractions of a hectare shall apply to the area of the whole as they apply to the area of the portion.

(4)

The rent determined as aforesaid in respect of any subdivisional portion shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of title thereto is registered under this Chapter.

(5)

(Deleted by Act A615).

Terms defined in s 5

alienated land
Defined · s 5
“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;
Open s 5
calendar year
Defined · s 5
“calendar year” means a year beginning on 1 January;
Open s 5
issue document of title
Defined · s 5
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
Open s 5
land
Defined · s 5
“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;
Open s 5
Land Administrator
Defined · s 5
“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;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
register document of title
Defined · s 5
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Open s 5
registered
Defined · s 5
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
Open s 5
Registrar
Defined · s 5
“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;
Open s 5
rent
Defined · s 5
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…
Open s 5
to deliver
Defined · s 5
“to deliver” includes to transmit by hand or post;
Open s 5

Report

Read on from Chapter 2

171. Preliminary procedure in cases of subdivision

Terms defined in s 5

Replacement of register document of final title

Chapter 3

Alienation under qualified title

Final title and qualified title in continuation

Conversion of qualified title into final title

Powers of leasing, etc.

Express and implied provisions

Forfeiture

Determination of leases and tenancies

Creation of charges, and general provisions relating thereto

Implied provisions

Remedies of chargees: Sale

Remedies of chargees: Possession

Discharge

Liens

Creation

Release, extinguishment and cancellation

Presentation of instruments for registration

Procedure generally

Determination of fitness for registration

Manner of registration

Powers of Attorney

Cancellation of registration

Endorsement of exempt tenancies

Caveats

Prohibitory orders

Co-proprietorship

Trusts

Deposited plans

Schedules