National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Prohibitory orders
340. Registration to confer indefeasible title or interest, except in certain circumstances
Feedback & supportThe title or interest of any person or body for the time being registered as proprietor of any land, or in whose name any lease, charge or easement is for the time being registered, shall, subject to the following provisions of this section, be indefeasible.
registered
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
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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
Paragraph 339(2)(b)
In its application to the Federal Territory of Labuan, delete the words “or 265(4)”.
The title or interest of any such person or body shall not be indefeasible—
in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
where registration was obtained by forgery, or by means of an insufficient or void instrument; or
where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.
Where the title or interest of any person or body is defeasible by reason of any of the circumstances specified in subsection (2)—
it shall be liable to be set aside in the hands of any person or body to whom it may subsequently be transferred;
and
any interest subsequently granted thereout shall be liable to be set aside in the hands of any person or body in whom it is for the time being vested:
Provided that nothing in this subsection shall affect any title or interest acquired by any purchaser in good faith and for valuable consideration, or by any person or body claiming through or under such a purchaser.
Nothing in this section shall prejudice or prevent—
the exercise in respect of any land or interest of any power of forfeiture or sale conferred by this Act or any other written law for the time being in force, or any power of avoidance conferred by any such law; or
the determination of any title or interest by operation of law.
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 341
In its application to the Federal Territory of Labuan, substitute for the words “Limitation Act 1953 [Act 254]”
the words “Limitation Ordinance [Sabah Cap. 72]”.
National Land Code
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