In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title and qualified title in continuation

186. Contents of documents prepared on subdivision, partition or amalgamation

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(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

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

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
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
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
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
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
registered
Defined · s 5
“registered” means registered in accordance with the provisions of this Act or 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
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

Trusts

Read on from Chapter 2

Chapter 2

Deposited plans

Read on from Chapter 2

186. Contents of documents prepared on subdivision, partition or amalgamation

Terms defined in s 5

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