In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title

203. Applications for surrender and re-alienation, and procedure thereon

Feedback & support

(1)

In the special circumstances specified in subsection (2), the Land Administrator may approve the surrender of any two or more contiguous lots held by same proprietor under Land Office title on the terms that the land comprised therein be immediately re-alienated to the proprietor in different units, each of less than four hectares, and each under the form of qualified title corresponding to Land Office title.

(2)

The said circumstances are as follows:

(a)

that the lots in question are all situated in the same mukim, town or village;

(b)

that no dissimilarity exists between any of the lots as respects the periods for which they are held, the rates at which rent is payable, or the categories of land use, conditions and restrictions in interest to which they are subject;

(c)

that the combined area of the lots exceeds four hectares;

and

(d)

that none of the lots is subject to any registered interest or tenancy exempt from registration protected by endorsement on the register document of title.

(3)

Any proprietor wishing to apply for an approval pursuant to this section shall do so in Form 12c; and sections 197 to 199

shall apply to the application subject to the modifications specified in subsection (4), and to such other modifications as may be necessary.

(4)

The said modifications are as follows:

(a)

that the matters to be sent with the application shall include a plan showing the details of the existing lots and the proposed new units, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require; and

(b)

that the Land Administrator shall not approve the application unless he is satisfied, not only that conditions specified in subsection (1), paragraphs (2)(b) and (d)

and subsection 196(3) are fulfilled, but also that the circumstances are as stated in subsection (2) of this section, and that the area of each of the proposed new units is less than four hectares.

Terms defined in 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
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
Land Office title
Defined · s 5
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
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
mukim
Defined · s 5
“mukim” means any area duly constituted as a mukim under section 11 or, by virtue of section 442, deemed to be a mukim so constituted;
Open s 5
prescribed
Defined · s 5
“prescribed” means prescribed by rules made by the State Authority under section 14;
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
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
tenancy exempt from registration
Defined · s 5
“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);
Open s 5

Deposited plans

Read on from Chapter 2

203. Applications for surrender and re-alienation, and procedure thereon

Terms defined in s 5

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