National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title and qualified title in continuation
183. Subdivision
Feedback & supportThe proprietor of any alienated land the subdivision of which has been approved under Chapter 1 of Part Nine may at any time thereafter apply in writing to the Land Administrator for the issue to him of qualified title to the subdivisional portions in continuation of the existing final title to the land.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Every such application shall be accompanied by the fee for the time being prescribed and, unless the proprietor alleges that it is for any reason incapable of production, the issue document of title to the land:
prescribed
“prescribed” means prescribed by rules made by the State Authority under section 14;
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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;
Provisions of the
National Land Code
Modification
Section 183
In its application to the Federal Territory of Labuan—
in the proviso to subsection (2), substitute for the words “Land Office” the word “Registry”;
in subsection (4)—
delete paragraph (d); and
in the proviso, delete the words “or Land
Administrator, as the case may be,”.
Provided that, where the proprietor is unable to produce the issue document because it is in the hands of any person or body as chargee or lienholder, the application shall be accompanied instead by a copy of a request by the proprietor, served on that person or body under subsection 244(2) or 281(4), for the production of the document at the Land Office within fourteen days of the date thereof.
No such application shall be entertained unless and until the sums demanded under subsection 138(4) have been duly paid.
On receiving any such application, the 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;
(subject to subsection (3)) shall—
determine as mentioned in subsection (5) the rent to be paid in respect of each subdivisional portion so long as it remains held under qualified title;
notify the proprietor of the rent so determined;
if the survey is to be done by a Survey Officer, cause a requisition for survey to be prepared and sent to the
Director of Survey and Mapping;
prepare plans of the subdivisional portions for the purpose of their being copied onto the documents of qualified title to be prepared in respect thereof;
if the land is held under Land Office title, issue, in accordance with sections 177 and 178, qualified title to the subdivisional portions in the form corresponding to Land Office title;
if the land is held under Registry title, send the plans prepared under paragraph (c) and (if delivered up) the issue document of title to the Registrar for the issue by him, in accordance with the said provisions, of qualified title to the subdivisional portions in the form corresponding to Registry title:
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 183a
In its application to the Federal Territory of Labuan—
in the shoulder note, delete the words “or Land
Administrator”;
delete the words “or the Land Administrator, as the case may be,”.
National Land Code
National Land Code 319
Provided that, in any case where the issue document of title to the land has not been delivered up, the Registrar or
issue document of title
“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;
Land Administrator, as the case may be, shall not issue qualified title until he has either secured its production by a notice under section 15 or, if unable to do so, taken the steps specified in section 168.
qualified title
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
The rent determined pursuant to paragraph (4)(a) in respect of any subdivisional portion—
rent
“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)…
shall be an amount computed on the basis of the area of the portion as estimated in the application for approval of the subdivision, but otherwise in the like manner as that specified in subsection 171(3);
shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of qualified title is first registered in respect thereof.
Power of Registrar or Land Administrator relating to the issuance of final title upon subdivision 183a.
Notwithstanding that an application made under subsection 183(1) is for the issue of qualified title in continuation of existing final title, the Registrar or the Land Administrator, as the case may be, may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the subdivisional portion.