National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title
196. Conditions for approval of surrender
Feedback & supportNo surrender, whether of the whole or a part only of any alienated land, shall be approved by the State Director or, as the case may be, Land Administrator unless the following conditions are satisfied:
alienated land
“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;
that no item of land revenue is outstanding in respect of the land;
that the land will not create or cause any liabilities to the State Authority;
that the land is not under attachment by any court; and
that every person or body specified in subsection (2) has consented in writing to the making of the application.
The said persons and bodies are—
any person or body who, at the time when the approval was applied for, was entitled to the benefit of any registered interest affecting the land or, as the case may be, the part to be surrendered (including a charge of any lease or sublease);
any person or body having at that time a lien over the said land or part, or over any lease or sublease thereof;
any person or body entitled at that time to the benefit of any tenancy exempt from registration affecting the said land or part, being a tenancy protected by an endorsement on the register document of title; and
any person or body having at that time a claim protected by caveat affecting the said land or part or any interest therein.
No surrender of a part only of any alienated land shall be approved if, in the opinion of the State Director or, as the case may be, Land Administrator, the area of the part is such that a subdivision of the land ought first to be effected.
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;
224
National Land Code 339
Provisions of the
National Land Code
Modification
Section 196
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator” wherever they appear.
Procedure for Surrender of Whole