Skip to content

Section 319

Nature and effect of Registrar’s caveats

of National Land Code (Revised - 2020)

ActIn forceProvision 301 of 391
Section 319

(1)

A caveat under this section shall be known as a

“Registrar’s caveat”, and—

(a)

may be entered by the Registrar on the register document of title to any land in any of the circumstances specified in section 320;

(b)

subject to subsection (3), shall, so long as it continues in force, have the effect of prohibiting the registration, endorsement or entry on that document of—

(i)

any instrument of dealing;

(ii)

any claim to the benefit of a tenancy exempt from registration; and

(iii)

any lienholder’s caveat.

(2)

The prohibition imposed by a Registrar’s caveat shall apply to any such instrument notwithstanding that it was presented for registration before the caveat was entered, and to any such claim or lienholder’s caveat notwithstanding that the application for its endorsement or entry was received before that time.

(3)

The Registrar may waive the said prohibition in any case where he is satisfied that to do so would not be inconsistent with the purpose for which the caveat was entered, but, in any other case, shall reject the instrument or, as the case may be, the application for endorsement or entry.

326

National Land Code 479

Provisions of the

National Land Code

Modification

Act 828

Provisions of the

National Land Code

Modification

Section 320

In its application to the Federal Territory of Labuan, references to the “State Authority” wherever they appear shall be construed as references to the

“Sabah State Authority”.

Subparagraph 320(1)(b)(i)

In its application to the Federal Territory of Kuala

Lumpur, the reference to the “State Authority”

shall be construed as reference to the “Selangor

State Authority”.

In its application to the Federal Territory of

Putrajaya, reference to the “State Authority” shall be construed as reference to the “Selangor State

Authority”.

National Land Code

National Land Code 481

(4)

On rejecting any instrument or application for endorsement pursuant to this section, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.