National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 6 · Liens
Section 281
Feedback & supportAny 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—
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
may thereupon apply under Chapter 1 of Part Nineteen for the entry of a lienholder’s caveat; and
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
shall, upon the entry of such a caveat, become entitled to a lien over the land or lease.
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.
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.
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.
issue document of title
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
The costs properly incurred by any lienholder in complying with any such request shall be payable by the proprietor or lessee on demand.
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
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
Section 281
In its application to the Federal Territory of Labuan—
in subsection (4), substitute for the words “any
Registry or Land Office” the words “the
Registry”;
in subsection (6), substitute for the words “, whether created before or” the word “created”.
Part Seventeen—EASEMENTS