Malaysia legislation
Section 330
Section 330
Creation and effect of lienholders’ caveats
(1)
Any 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.
(2)
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.
(3)
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the time at which it was received (being, in the case of any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, unless he is prohibited from doing so by any Registrar’s caveat, private caveat, trust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—
(a)
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
(b)
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.
(4)
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—
(a)
whether the caveat binds the land itself, or a lease thereof only;
(b)
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”.
Act 828
(c)
the time from which it is effective (being the time of receipt of the application, as noted thereon pursuant to subsection (3)); and
(d)
the reference under which the application is filed.
(5)
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.