National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
330. Creation and effect of lienholders’ caveats
Feedback & supportAny person or body with whom the issue document of title to any land, or any duplicate lease, has been deposited as security may, as provided in section 281, apply to the Registrar under this section for the entry of a lienholder’s caveat in respect of the land or lease in question.
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;
Any such application shall be in Form 19d, duly attested in accordance with the provisions of section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall be accompanied by the prescribed fee, and the issue document of title or, as the case may be, duplicate lease.
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
The Registrar shall note on any such application the time at which it was received (being, in the case of any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, unless he is prohibited from doing so by any Registrar’s caveat, private caveat, trust caveat or prohibitory order, shall as soon as may be thereafter—
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;
enter the caveat applied for on the register document of title to the land in respect of which, or a lease of which, it is to have effect; and
serve a notification in Form 19a on the proprietor of that land or, as the case may be, the person or body for the time being entitled to the benefit of the lease in question.
The entry of a lienholder’s caveat on any register document shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words “Caveat (Lien)”, 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 a lease thereof only;
the person or body on whose application it was entered;
336
National Land Code 493
Provisions of the
National Land Code
Modification
Subsection 330(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
the time from which it is effective (being the time of receipt of the application, as noted thereon pursuant to subsection (3)); and
the reference under which the application is filed.
A lienholder’s caveat shall, so long as it continues in force, have the like effect as that specified in subsection 322(2) to (5)
in relation to private caveats, but as if the references in the said subsection (5) to the person or body at whose instance the caveat was entered were references to the person body for the time being entitled to the benefit of the lien; and subsections 322(6) and (7)
shall also apply in relation to lienholder’s caveats as they apply in relation to private ones.