Malaysia legislation

Section 394

of NATIONAL LAND CODE (REVISED - 2020)

Section 394

Sharing of right by adjacent proprietors

(1)

The proprietor or occupier of any alienated land, which abuts on or is in the proximity of land for the benefit of which a private right of way has been created, may apply to the Land Administrator in

Form 28c to share the right of way.

(2)

The Land Administrator, on receiving an application under subsection (1) in respect of a right of way, shall either hold an enquiry or make such other investigation as he thinks appropriate;

and, if on holding the enquiry or making the investigation he is satisfied that it is expedient for the application to be granted, he shall make an order declaring that the applicant is entitled to share in the right of way to such extent and on such conditions

(including conditions as to the maintenance and repair of the right of way) as the Land Administrator thinks fit.

370

Act 828

(3)

Where on an application under subsection (1) an order is made in respect of a right of way, the order may confer on the applicant such additional rights of way over any other alienated land as are reasonably necessary in the Land Administrator’s opinion to make the order effective.

(4)

Sections 391 and 395 shall apply in relation to a right of way arising under this section as they apply in relation to a right of way arising under section 390.