National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
329. Compensation for wrongful caveats, and limitation on repeated applications
Feedback & supportAny person or body who, wrongfully or without reasonable cause, secures the entry of, or fails to withdraw, any private caveat shall be liable to pay compensation to any person or body who thereby suffers any damage or loss.
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
Where the Court has ordered the removal of any private caveat under section 327, or has refused an application under subsection 326(2) for an extension of time with respect to any such caveat, or where the Registrar has removed any caveat pursuant to subsection 326(3), the Registrar shall not entertain any application for the entry of a further caveat in respect of the land or interest in question it is based on the like claim as that on which the former one was based.
335
National Land Code 491
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
Subsection 328(1)
In its application to the Federal Territory of Labuan, at the end of the subsection (1)—
substitute for the full stop a colon; and
insert the following proviso:
“Provided that any caveat other than caveat by Collector entered into under any previous land law shall be deemed to be a private caveat and will lapse in accordance with the said law.”.
Lienholders’ Caveats