Malaysia legislation
Section 352
Section 352
Reversion to State Authority on abandonment of title by proprietor
(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
Act 828
(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