In forceUpdated to 15 Oct 2020

Contents

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

391. Procedure on creation of right

(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

(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

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

Terms defined in 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
Land Office title
Defined · s 5
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
Open s 5
qualified title
Defined · s 5
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
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
Registry title
Defined · s 5
“Registry title” means title evidenced by a grant or a State lease, or by any document of title registered in a Registry under the provisions of any previous land law;
Open s 5
State
Defined · s 5
“State” means any State to which this Act applies;
Open s 5

Report

Read on from s 392

Chapter 2

Deposited plans

Read on from Chapter 2

391. Procedure on creation of right

Terms defined in s 5

Deposited plans

Schedules