Section 391
Procedure on creation of right
of National Land Code (Revised - 2020)
(1)
As soon as may be after making an order for the creation of a Land Administrator’s right of way, the Land Administrator shall—
(a)
cause the route of the right of way to be surveyed; and
(b)
cause to be delivered to him the issue document of title of any land affected by the right of way.
(2)
The Land Administrator, on the delivery to him of the issue document of title of land affected by the creation of a Land
Administrator’s right of way, shall—
(a)
in the case of land held under Land Office title—
(i)
make a memorial of the right of way in Form 28b on both the register document of title and the issue document of title; and 368
Act 828
(ii)
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;
(b)
in the case of land held under Registry title, present the issue document of title to the Registrar, together with a copy of the order creating the right of way.
(3)
The Registrar, on receiving in respect of any land affected by the creation of a Land Administrator’s right of way the documents mentioned in paragraph (2)(b), shall—
(a)
make on both the register document of title and the issue document of title a memorial of the right of way, showing its route either by means of a fresh plan or by means of an amendment of any plan already endorsed thereon; and
(b)
thereafter cause the issue document of title to be returned to the person entitled thereto.
(4)
In the application of this section to land held on qualified title—
(a)
references to Land Office title and Registry title shall be construed as references to the corresponding form of qualified title;
(b)
references to the issue document of title shall have effect only where such a document has been prepared;
and
(c)
where no issue document of title has been prepared, the Land Administrator shall take action under subsection (2) as soon as may be after the right of way has been surveyed.
369
National Land Code 541
Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Subsection 393(2)
In its application to the Federal Territory of Kuala
Lumpur, the reference in the proviso thereto to the
“Government of the State” shall be construed as reference to the “Government of the Federation”.
National Land Code
National Land Code 543
Cost of survey, construction, maintenance and repair 392.
The cost of surveying, constructing, maintaining or repairing a Land Administrator’s right of way shall be borne—
(a)
in the case of a private right of way, by the authority or person for whose benefit it has been created; and
(b)
in the case of a public right of way, by the State Authority.