Malaysia legislation
Section 281
Section 281
Creation, and effect, of liens
(1)
Any proprietor or lessee for the time being may deposit with any other person or body, as security, his issue document of title or, as the case may be, duplicate lease; and that person or body—
(a)
may thereupon apply under Chapter 1 of Part Nineteen for the entry of a lienholder’s caveat; and
(b)
shall, upon the entry of such a caveat, become entitled to a lien over the land or lease.
(2)
Where the holder of any lien has obtained judgment for the amount due to him thereunder, he shall be entitled to apply to the Court for, and obtain forthwith, an order for the sale of the land or lease.
(3)
Any such application shall be made in accordance with any law for the time being in force relating to civil procedure; and sections 257 to 259 and sections 266 to 269 shall apply, mutatis mutandis, where any such application has been made as they apply where a chargee applies for an order under section 256.
(4)
A lienholder shall, on the written request of the proprietor or lessee, and within such reasonable period as is specified in the request, produce the issue document of title or duplicate lease at any Registry or Land Office so specified for any purpose for which it is required under any provision of this Act.
(5)
The costs properly incurred by any lienholder in complying with any such request shall be payable by the proprietor or lessee on demand.
(6)
The provisions of subsections (2) to (5) shall apply to all liens, whether created before or after the commencement of this Act.
296
National Land Code 443
Provisions of the
National Land Code
Modification
Section 281
In its application to the Federal Territory of Labuan—
(1)
in subsection (4), substitute for the words “any
Registry or Land Office” the words “the
Registry”;
(2)
in subsection (6), substitute for the words “, whether created before or” the word “created”.
Act 828
Part Seventeen—EASEMENTS