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

173. Form and content of documents in cases of subdivision, partition and amalgamation

(1)

For the purpose of the issue of title in continuation under this Chapter on the subdivision, partition or amalgamation of any alienated land or lands—

(a)

the register document or documents of title to be prepared shall consist of one or more grants, State leases, Mukim grants or Mukim leases, according as the land or lands in question are held under Registry or Land Office title, and in perpetuity or for a term of years; and

(b)

the issue document or documents to be so prepared shall be in the form appropriate under this Act to the register document or documents in question:

Provided that, in the cases of amalgamation specified in paragraphs 147(2)(a) and (b), a grant or State lease shall be prepared notwithstanding that some or all of the lands in question were formerly held under Land Office title.

198

National Land Code 289

Provisions of the

National Land Code

Modification

Section 173

In its application to the Federal Territory of Labuan—

(1)

in subsection (1)—

(a)

substitute for paragraph (a) the following paragraph:

“(a) the register document or documents of title to be prepared shall consist of one or more grants or Federal leases according as to how the land or lands in question are held under

Registry title whether in perpetuity or for a term of years; and”;

(b)

at the end of paragraph (b), substitute for the colon a full stop; and

(c)

delete the proviso;

(2)

in subsection (2), delete the words “or Land

Administrator, as the case may be” wherever they appear in the proviso.

(2)

Subsection 170(2) shall apply, mutatis mutandis, with respect to the contents of any documents of title so prepared:

Provided that in complying with paragraph (c) of the said subsection (2) the Registrar or Land Administrator, as the case may be—

(i)

shall make such modifications with respect to any entry on the subsisting register document or documents of title as may be necessitated by the circumstances;

(ii)

in cases of subdivision and partition, shall omit any entry relating to a matter which is incapable of affecting the portion in question; and

(iii)

in cases of amalgamation, shall give effect also to any direction given by the State Authority under subsection 147(3):

And provided further that the Registrar or Land Administrator, as the case may be, shall vary the express conditions or rent to suit the use of the portion as approved in the subdivisional plan.

Procedure after Issue of Title in Continuation

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
entry
Defined · s 5
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
Open s 5
Form
Defined · s 5
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
Open s 5
grant
Defined · s 5
“grant” means a register document of title in Form 5b (that is to say, in the form appropriate under this Act to land held under Registry title in perpetuity);
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
Land Office title
Defined · s 5
“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;
Open s 5
modifications
Defined · s 5
“modifications” includes amendments, additions, deletions, substitutions, adaptations and non-application of any provisions. Part One (C) —MODIFICATIONS TO FACILITATE THE IMPLEMENTATION OF THE ELECTRONIC LAND ADMINISTRATION SYSTEM Coming into operation of the Electronic Land Administration System in any land Registry 5d. (1) The Minister may, with the approval of the National Land Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Electronic Land Administration System in any land Registry.
Open s 5
mukim
Defined · s 5
“mukim” means any area duly constituted as a mukim under section 11 or, by virtue of section 442, deemed to be a mukim so constituted;
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
Registry title
Defined · s 5
“Registry title” means title evidenced by a grant or a State lease, or by any document of title registered in a Registry under the provisions of any previous land law;
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
State
Defined · s 5
“State” means any State to which this Act applies;
Open s 5
State Authority
Defined · s 5
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
Open s 5
State lease
Defined · s 5
“State lease” means a register document of title in Form 5c (that is to say, in the form appropriate under this Act to land held under Registry title for a term of years);
Open s 5

Report

Read on from Chapter 2

173. Form and content of documents in cases of subdivision, partition and amalgamation

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