National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
319. Nature and effect of Registrar’s caveats
Feedback & supportA caveat under this section shall be known as a
“Registrar’s caveat”, and—
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
may be entered by the Registrar on the register document of title to any land in any of the circumstances specified in section 320;
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—
any instrument of dealing;
any claim to the benefit of a tenancy exempt from registration; and
any lienholder’s caveat.
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.
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
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
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
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
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.