National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts
394. Sharing of right by adjacent proprietors
Feedback & supportThe 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
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Form 28c to share the right of way.
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
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;
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;
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
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”.
(including conditions as to the maintenance and repair of the right of way) as the Land Administrator thinks fit.
370
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.
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
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.