In forceUpdated to 15 Oct 2020

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

187. Power to issue title in continuation where register document full up, etc.

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(1)

Where, in the case of any land held under qualified title, it appears to the Registrar or Land Administrator—

(a)

at the time when he makes any entry on the register document of title thereto, that there is insufficient space thereon for the making of further entries; or

(b)

at any time, that the register document of title can, by reason of its physical condition, no longer be used, he shall prepare and register a new register document in the like form or in the multileaf form (and, if an issue document of title exists in respect of the land, prepare and issue a new issue document also) which shall be in continuation of the subsisting document or documents.

216

National Land Code 325

Provisions of the

National Land Code

Modification

Section 187

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

(2)

Before preparing title in continuation under this section in a case where an issue document of title exists in respect of the land but is not in his hands, the Registrar or Land Administrator shall—

(a)

call for its production as mentioned in paragraph 166(1)(c);

and

(b)

if it is not produced, take the further steps specified in section 168.

(3)

Every document of qualified title prepared pursuant to this section—

(a)

shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document of title;

(b)

shall specify the date on which the land in question was first alienated, the title number originally allotted thereto and (if different) the number of the subsisting register document; and

(c)

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.

(4)

The fees chargeable in connection with the issue of title in continuation under this section shall be payable by the proprietor and, if not sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.

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
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
issue document of title
Defined · s 5
“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;
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
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
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
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

Trusts

Read on from Chapter 2

Chapter 2

Deposited plans

Read on from Chapter 2

187. Power to issue title in continuation where register document full up, etc.

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