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

174. Cancellation, etc., of subsisting documents of title

(1)

On the registration of any register document of title under this Chapter—

(a)

there shall be endorsed across the face of the subsisting register document or documents a statement to the effect that the title or titles in question have been continued in the first-mentioned document (specifying the serial number thereof); and

(b)

the subsisting issue document or documents shall, if they have been delivered up, be destroyed.

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National Land Code 291

Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Subsection 174(3)

In its application to the Federal Territory of Labuan, substitute for the words “the Land Administrator shall, where appropriate, transmit to the Registrar, for destruction under this section,” the words “the

Registrar shall destroy”.

Section 175

In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.

National Land Code

National Land Code 293

(2)

On the making of any endorsement under paragraph (1)(a), the subsisting register document or documents, and any subsisting issue document which has not been destroyed pursuant to paragraph (b)

of that subsection, shall be deemed to have been cancelled; and no entry shall thereafter be made thereon.

(3)

In cases of subdivision, partition and amalgamation, the

Land Administrator shall, where appropriate, transmit to the

Registrar, for destruction under this section, any issue document delivered to him pursuant to a request under paragraph 171(1)(c)

or, as the case may be, that paragraph as applied by section 172.

Issue of Duplicate Issue Document Only

Terms defined in 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
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
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
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

Report

Read on from Chapter 2

174. Cancellation, etc., of subsisting documents of title

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