National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Remedies of chargees: Possession
270. Limitation of powers to certain lands, and to first chargees only
Feedback & supportThe powers conferred by this Chapter—
shall not be exercisable in relation to any land held under Land Office title or the corresponding form of qualified title;
shall not be exercisable in the case of any charge of an undivided share in alienated land; and
shall, in the case of any town or village land not falling within paragraph (a), be exercisable only in so far as the land is not occupied by the chargor.
Subject to subsection (3), the said powers shall be exercisable by first chargees only.
The Minister may, by order made on the recommendation of the National Land Council, provide in any State for the exercise of the said powers by second and subsequent chargees; and any such order may modify the provisions of this Chapter to such extent, and in such manner, as may appear to the Minister and the Council necessary or desirable for the purpose.
Minister
“Minister” means the Minister charged with the responsibility for lands;
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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;
Provisions of the
National Land Code
Modification
Subsection 270(1)
In its application to the Federal Territory of Labuan—
delete paragraph (a);
in paragraph (b), substitute for the words “any town or village land not falling within paragraph
village land
“village land” has the meaning assigned thereto by subsection 51(2). Part One (A)—COMPUTERIZED LAND REGISTRATION SYSTEM Coming into operation of the Computerized Land Registration System in any land Registry 5a. (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 Computerized Land Registration System in any land Registry.
,” the words “any town land”.
Right to Possession