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Section 354

Procedure (including appeal) after resurvey, and provision as to costs

of National Land Code (Revised - 2020)

ActIn forceProvision 335 of 391
Section 354

(1)

Where any boundary has been determined in pursuance of subsection 353(1), the State Director shall cause notice of the fact, together with a plan showing the effect of the determination, to be served on the proprietor of the land, and on any person having a registered interest therein; and any such person may, within the period of six months beginning with the date of the notice, appeal to the State Director against the determination on the ground that it is incorrect or inequitable.

(2)

Any appeal under this section shall be in writing, specifying the grounds on which it is alleged that the determination is incorrect or inequitable; and the State Director, after considering the grounds so specified and holding such enquiry as he may think fit, shall either dismiss the appeal or give such direction for the re-determination of the boundary, and with respect to matters consequential thereon, as he may consider necessary or just.

(3)

At the end of the period referred to in subsection (1) or, where any appeal is made during that period, so soon as it has been disposed of and any re-determination of the boundary effected, the State Director shall notify the Registrar or, in the case of 357

National Land Code 521

Provisions of the

National Land Code

Modification

Subsection 354(3)

In its application to the Federal Territory of Labuan, delete the words “or, in the case of land held under

Land Office title, the Land Administrator” and “or

Land Administrator”.

Act 828

land held under Land Office title, the Land Administrator; and the Registrar or Land Administrator, on being so notified, shall issue title in continuation to the land (in conformity with any determination or re-determination of boundaries under this Part)

as if he were issuing title in continuation to land as a whole.

(4)

The costs of determining any boundary under section 353

or this section shall be defrayed by the State Authority; and no fees shall be charged by the State Authority in connection with any appeal under this section or any action taken thereunder by the Registrar.

Part Twenty-Five—SUBDIVIDED BUILDINGS

355—374. (Repealed by Act 318).

Division VI—GENERAL AND MISCELLANEOUS

Part Twenty-Six—GENERAL POWERS AND

DUTIES OF THE REGISTRAR