In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts

Section 344

(1)

Where, by any instrument of dealing or order of the

Court or Land Administrator, any alienated land or share or interest therein is transferred or transmitted to, vested in or created in favour of any person or body “as trustee”, or two or more persons or bodies “as trustees”, the Registrar shall so describe him, it or them in the memorial of registration.

(2)

The proprietor or co-proprietors of any alienated land, and any person or body in whom any share or interest in alienated land is for the time being vested, may apply to the

Registrar to be registered in respect of that land, share or interest “as trustee” or, as the case may be, “as trustees”; and the

Registrar shall give effect to any such application by making the appropriate addition to, or amendment of, the existing memorial of registration.

(3)

Where the words “as trustee” or “as trustees” have been included in any memorial of registration pursuant to subsection (1) or (2), or the corresponding provisions of any previous land law, any instrument declaring the trusts to which the land, share or interest is subject may, upon payment of the prescribed fee, be deposited with the Registrar for safe custody and reference; and no instrument of dealing shall be unfit for registration by reason only of the fact that it refers to any instrument so deposited.

(4)

Subsections (1) and (2) shall have effect subject to the

Trustee Act 1949 [Act 208] (which inter alia provides that, except in the case of any immovable property vested in trustees for charitable, religious or public purposes, the number of trustees of any immovable property shall not exceed four).

348

Terms defined in s 5

alienated land
Defined · s 5
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
Open s 5
Court
Defined · s 5
“Court” means the High Court in Malaya;
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dealing
Defined · s 5
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
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land
Defined · s 5
“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;
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Land Administrator
Defined · s 5
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
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prescribed
Defined · s 5
“prescribed” means prescribed by rules made by the State Authority under section 14;
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previous land law
Defined · s 5
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
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proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
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registered
Defined · s 5
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
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Registrar
Defined · s 5
“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;
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Report

Read on from s 345

Chapter 2

Deposited plans

Read on from Chapter 2

Section 344

Terms defined in s 5

Deposited plans

Schedules