In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Alienation under qualified title

181. Procedure prior to registration and issue of qualified title

(1)

Before the registration and issue of the documents of qualified title under section 180 in respect of any land, the Land

Administrator shall—

(a)

unless it has already been done to his satisfaction, or is in his opinion impracticable, cause the boundaries of the land to be provisionally demarcated on the surface of the ground in accordance with the plan and description by reference to which the approval of the State Authority to its alienation was given;

(b)

prepare a plan of the land for the purpose of its being copied onto the document or documents of qualified title to be prepared in respect thereof;

(c)

in the case of land ultimately to be held under Land Office title, issue, in accordance with sections 177 and 178, qualified title thereto in the form corresponding to Land

Office title;

(ca)

cause a requisition for survey to be prepared and sent to the Director of Survey and Mapping;

(d)

in the case of land ultimately to be held under Registry title, send the plan prepared under paragraph (b) to the Registrar, for the purpose of the issue by him, in accordance with the said provisions, of qualified title in the form corresponding to Registry title.

(2)

Where qualified title is issued under this Chapter to any land in respect of which an entry subsisted at the commencement of this Act in any register of approved occupation, the Land

Administrator shall cancel the entry and make a note on the register to the effect that qualified title has been so issued.

Terms defined in s 5

Director of Survey and Mapping
Defined · s 5
“Director of Survey and Mapping” means the Director of Survey and Mapping of the State appointed under section 12, and includes a Deputy Director of Survey and Mapping appointed thereunder;
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
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
qualified title
Defined · s 5
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
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
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

Co-proprietorship

Read on from Chapter 1

Chapter 2

Trusts

Read on from Chapter 2

Chapter 2

Deposited plans

Read on from Chapter 2

181. Procedure prior to registration and issue of qualified title

Terms defined in s 5

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