In forceUpdated to 15 Oct 2020

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

381. Cancellation of obsolete entries, and bringing of documents of title up to date

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(1)

Where the Registrar is satisfied—

(a)

that any condition or restriction in interest contained in any document of title has become obsolete; or 361

(b)

that any memorial or entry on any document of title or other instrument relating to land relates to a matter which has ceased to be effective, he may delete the said condition or restriction or, as the case may be, cancel the said memorial or entry:

Provided that the power conferred by paragraph (b) is a residual power only, and, where the circumstances in which any particular memorial or other entry may be cancelled are specified in any other provision of this Act, shall not be exercisable in respect of that memorial or entry.

(2)

The Registrar may, if he considers it necessary or desirable to do so—

(a)

copy onto the issue document of title to any land any memorial or other entry required by this Act or any previous land law to be made on the register document of title only, or on that document and some instrument other than the issue document;

(b)

copy onto the register and issue documents of title to any land, or either of them, any memorial of registration made pursuant to any previous land law on any other instrument relating thereto.

Power of Registrar or Land Administrator to standardize express conditions and restrictions in interest 381a. (1) The Registrar or the Land Administrator, as the case may be, may from time to time, of his own accord, for the purpose of uniformity, standardize the format of the express conditions and restrictions in interest of any alienated land on the register and issue documents of title.

(2)

Any standardization made under subsection (1) shall not affect the rights of the proprietor.

362

National Land Code 529

Provisions of the

National Land Code

Modification

Section 381a

In its application to the Federal Territory of Labuan—

(1)

in the shoulder note, delete the words “or Land

Administrator”;

(2)

in subsection (1), delete the words “or the Land

Administrator, as the case may be,”;

(3)

in subsection (3), delete the words “or Land

Administrator, as the case may be,”;

(4)

in subsection (4), delete the words “or the Land

Administrator, as the case may be”.

(3)

The Registrar or Land Administrator, as the case may be, shall serve a notice in Form 2b on the proprietor or any chargee, lienholder or any other person or body whom he may have reason to believe to be in possession or control of the issue document of title, to produce the issue document of title to the land in question.

(4)

Every standardization made under this section shall be signed and sealed by the Registrar or the Land Administrator, as the case may be.

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
document of title
Defined · s 5
“document of title”, in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
Open s 5
entry
Defined · s 5
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
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
issue document of title
Defined · s 5
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
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
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;
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
restriction in interest
Defined · s 5
“restriction in interest” means any limitation imposed by the State Authority on any of the powers conferred on a proprietor by Part Nine, or on any of his powers of dealing under Division IV, and any like limitation imposed under any previous land law;
Open s 5

Report

Read on from s 382

Chapter 2

Deposited plans

Read on from Chapter 2

381. Cancellation of obsolete entries, and bringing of documents of title up to date

Terms defined in s 5

Deposited plans

Schedules