National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Caveats
333. Creation of trust caveats and duration thereof
Feedback & supportThe Registrar may enter a trust caveat on the application of—
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 trustees for the time being of any land or interest;
or
the person or body by whom any land or interest is first transferred to trustees; or
the person or body by whom any interest is created in favour of trustees:
Provided that no application made by virtue of paragraph (b)
or (c) shall be entertained unless it is presented to the Registrar with the instrument transferring or creating the land or interest in question.
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Provisions of the
National Land Code
Modification
Subsection 333(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Any application for the entry of a trust caveat shall be in
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
Form 19e, 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.
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the time at which it was received (being, in the case any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, subject to the proviso to subsection (1), shall, as soon as may be thereafter, enter the caveat applied for on the register document of title to the land in respect of which, or an interest in which, it is to have effect.
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 a trust caveat on any register document of title shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words “Caveat (Trust)”, together with a statement specifying—
whether the caveat is entered in respect of the land itself, or a particular interest only;
the precise effect thereof;
the time from which it is effective (being the time of receipt of the application for its entry, as noted on the application pursuant to subsection (3)); and
the reference under which the application is filed.
A trust caveat shall continue in force until cancelled by the Registrar on an application in that behalf by the trustees for the time being and all persons and bodies beneficially entitled under the trust.
On cancelling a trust caveat pursuant to subsection (5), the
Registrar shall endorse against the cancelled caveat a note of the date of cancellation.
Every endorsement under subsection (6) shall be signed and sealed.
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