Skip to content
In forceUpdated to 15 Oct 2020
Contents

Chapter 4 · Remedies of chargees: Possession

270. Limitation of powers to certain lands, and to first chargees only

Feedback & support
(1)

The powers conferred by this Chapter—

(a)

shall not be exercisable in relation to any land held under Land Office title or the corresponding form of qualified title;

(aa)

shall not be exercisable in the case of any charge of an undivided share in alienated land; and

(b)

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.

(2)

Subject to subsection (3), the said powers shall be exercisable by first chargees only.

(3)

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.

288

National Land Code 433

Provisions of the

National Land Code

Modification

Subsection 270(1)

In its application to the Federal Territory of Labuan—

(1)

delete paragraph (a);

(2)

in paragraph (b), substitute for the words “any town or village land not falling within paragraph

(a)

,” the words “any town land”.

Right to Possession

Report

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules