National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
324. Procedure on applications
Feedback & supportThe Registrar shall note on any application under section 323
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;
the time at which it was received (being, in the case of any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, subject to subsection 329(2), shall as soon as may be thereafter (and without being concerned to enquire into the validity of the claim on which it is based) give effect thereto by entering the caveat applied for in the manner provided by subsection (2).
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;
The entry of any private caveat shall be effected by the endorsement on the register document of title, under the hand and seal of the Registrar, of the words “Private Caveat”, together with a statement specifying—
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
whether the caveat binds the land itself or an undivided share in the land or a particular interest therein only;
the person or body on whose application it was entered;
the time from which it is effective (being the time of receipt of the application, as noted thereon pursuant to subsection (1)); and
the reference under which the application is filed.
As soon as may be after the entry of any such caveat, the Registrar shall serve a notification in Form 19a upon the proprietor of the land or an undivided share in the land bound thereby or, in the case of a caveat binding a particular interest only, upon the person or body in whom that interest is for the time being vested.
Notwithstanding subsection 431(1), it is sufficient for the notification to be served by ordinary post and shall be deemed to have been effected at the time at which the notification would be delivered in the ordinary course of post.
332
National Land Code 487
Provisions of the
National Land Code
Modification
Subsection 324(1)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.