National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts
390. Creation of right
Feedback & supportThe 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.
The Land Administrator, where—
Land Administrator
“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;
he receives an application for a private right of way; or
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
Provisions of the
National Land Code
Modification
Section 391
In its application to the Federal Territory of Labuan—
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—
Registrar
“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;
make a memorial of the right of way in
Form 28b on both the register document of title and the issue document of title;
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
thereafter return the issue document of title to the person entitled thereto.”;
delete subsection (3);
in paragraph (4)(a), delete the words “Land
land
“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;
Office title and”.
National Land Code
National Land Code 539
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.
enquiry
“enquiry” means an enquiry held under any provision of this Act. National Land Code 95 Provisions of the National Land Code Modification Paragraph 20(b) In its application to the Federal Territory of Labuan, delete the words “Land Administrator,”. Section 23 In its application to the Federal Territory of Labuan, in the definition of “Land Administrator”, delete the words “, the Registrar”.
An order made under subsection (3) shall—
describe sufficiently for purposes of identification—
the land and the public terminal between which the right of way is to run; and
the route of the right of way;
state whether or not those using the right of way may pass and repass with animals and vehicles; and
contain such conditions and limitations, if any, as the
Land Administrator thinks appropriate.