Malaysia legislation

Section 390

of NATIONAL LAND CODE (REVISED - 2020)

Section 390

Creation of right

(1)

The State Authority or the proprietor or occupier of any alienated land may apply to the Land Administrator in Form 28a for the creation of a private right of way.

(2)

The Land Administrator, where—

(a)

he receives an application for a private right of way; or

(b)

he is of the opinion that the creation of a public right of way is or might be expedient, shall either hold an enquiry or make such other investigation as he thinks appropriate.

367

National Land Code 537

Provisions of the

National Land Code

Modification

Act 828

Provisions of the

National Land Code

Modification

Section 391

In its application to the Federal Territory of Labuan—

(1)

substitute for subsection (2) the following subsection:

“(2) The Registrar, on the delivery to him of the issue document of title of land affected by the creation of a Registrar’s right of way, shall—

(a)

make a memorial of the right of way in

Form 28b on both the register document of title and the issue document of title;

(b)

cause the route of the right of way to be shown on the issue document of title, either by means of a fresh plan or by means of an amendment of any plan already endorsed thereon; and

(c)

thereafter return the issue document of title to the person entitled thereto.”;

(2)

delete subsection (3);

(3)

in paragraph (4)(a), delete the words “Land

Office title and”.

National Land Code

National Land Code 539

(3)

The Land Administrator, if on holding an enquiry or making an investigation he is satisfied that it is expedient for a private or public right of way to be created, shall make an order creating the right of way.

(4)

An order made under subsection (3) shall—

(a)

describe sufficiently for purposes of identification—

(i)

the land and the public terminal between which the right of way is to run; and

(ii)

the route of the right of way;

(b)

state whether or not those using the right of way may pass and repass with animals and vehicles; and

(c)

contain such conditions and limitations, if any, as the

Land Administrator thinks appropriate.

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