In forceUpdated to 15 Oct 2020

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

352. Reversion to State Authority on abandonment of title by proprietor

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(1)

Where any Land Administrator is satisfied that the proprietor of any land held under Land Office title—

(a)

is not in effective occupation of the land, and

(b)

has, for the past seven years, done no act or thing evidencing his title thereto, he shall make an endorsement on the register document of title to the land to the effect that the proprietor appears to have abandoned his title thereto.

(2)

Any endorsement made on the register document of title to any land pursuant to subsection (1)—

(a)

shall have the same effect as a Registrar’s caveat; and

(b)

shall cease to have effect, and be cancelled accordingly, on—

(i)

a finding by the Land Administrator that the proprietor has not in fact abandoned his title, or 354

(ii)

a finding by the Land Administrator that the proprietor has died (but without prejudice to its replacement in such a case by an endorsement under subsection 351(1)).

(3)

As soon as may be after the making of any such endorsement, the Land Administrator shall, by notice in the

Gazette in Form 23b, declare—

(a)

that the proprietor of the land appears to have abandoned his title thereto; and

(b)

that the land will revert to the State Authority at the end of the period of one year beginning with the date on which the notice is published unless by that time either of the following requirements has been fulfilled, that is to say:

(i)

the proprietor has satisfied him that he has not in fact abandoned his title to the land, or

(ii)

it has been proved to his satisfaction that the proprietor has died.

(4)

Copies of any notice under subsection (3) shall be published in accordance with section 433.

(5)

The Land Administrator may, on an application made to him by any person before the end of the period specified in any such notice, grant such extension of that period as may appear to him reasonable.

(6)

If neither of the requirements specified in any such notice has been fulfilled by the end of the said period or, as the case may be, the period as so extended, the land to which the notice relates shall thereupon revert to the State Authority as if it had been forfeited pursuant to the provisions of

Part Eight.

355

National Land Code 519

Part Twenty-Four—RESURVEY OF LAND

HAVING NATURAL BOUNDARIES

Terms defined in s 5

caveat
Defined · s 5
“caveat” means a registered caveat;
Open s 5
Form
Defined · s 5
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
Open s 5
Gazette
Defined · s 5
“Gazette” means the Gazette of the State;
Open s 5
grant
Defined · s 5
“grant” means a register document of title in Form 5b (that is to say, in the form appropriate under this Act to land held under Registry title in perpetuity);
Open s 5
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;
Open s 5
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;
Open s 5
Land Office title
Defined · s 5
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
register document of title
Defined · s 5
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Open s 5
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;
Open s 5
State Authority
Defined · s 5
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
Open s 5

Report

Read on from s 353

Chapter 2

Deposited plans

Read on from Chapter 2

352. Reversion to State Authority on abandonment of title by proprietor

Terms defined in s 5

Deposited plans

Schedules