Section 186
Contents of documents prepared on subdivision, partition or amalgamation
of National Land Code (Revised - 2020)
(1)
Every document of qualified title prepared on the subdivision, partition or amalgamation of any alienated land or lands—
(a)
shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document or documents (or, in cases of partition, in the name of such one of those persons or bodies as may be appropriate);
(b)
shall specify the date or dates on which the land or lands in question were first alienated, the title number or numbers originally allotted thereto and (if different) the number or numbers of the subsisting register document or documents; and
(c)
subject to subsections (2) and (3), shall contain, except in so far as they relate to matters which have ceased to be effective, the like memorials, endorsements and other entries as are contained in the subsisting register document or documents.
(2)
In cases of subdivision and partition, paragraph (1)(c) shall not be taken to require the setting out in full of any conditions or restrictions in interest endorsed on, or referred to in, the subsisting register document; but the document of qualified title 215
Act 828
National Land Code 323
Provisions of the
National Land Code
Modification
Section 185a
In its application to the Federal Territory of Labuan—
(1)
in the shoulder note, delete the words “or Land
Administrator”;
(2)
delete the words “or the Land Administrator, as the case may be,”.
Subsection 186(2)
In its application to the Federal Territory of
Labuan, in the proviso, delete the words “or Land
Administrator, as the case may be,”.
shall refer to those conditions and restrictions, and shall state that the land to which it relates is subject to them so far as they are capable of applying thereto and subject to any modifications which may be necessitated by the circumstances:
Provided that in cases of subdivision, 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.
(3)
In complying with paragraph (1)(c) in cases of amalgamation—
(a)
any conditions or restrictions in interest which are merely referred to in the subsisting register documents shall be set out in full;
(b)
such modifications may be made with respect to any entry as may be necessitated by the circumstances; and
(c)
effect shall be given to any direction given by the State
Authority under subsection 147(3).
Where Register Document of Qualified Title
Requires Replacement