Section 396
Manner in which survey is to be carried out
of National Land Code (Revised - 2020)
(1)
For the purposes of this Act, land shall not be taken to have been surveyed until—
(a)
its boundaries have been determined by right lines;
*(b) its boundaries as so determined have been demarcated on the surface of the land by boundary marks or, if by reason of the configuration thereof or for any other cause the placing of boundary marks on the actual line of the boundary is to any extent impossible or impracticable, boundary marks have been so placed as to enable that line to be ascertained;
(c)
the **area enclosed by its boundaries as so determined has been calculated;
(d)
a ***lot number has been assigned thereto by the Director of Survey and Mapping; and
****(e) a certified plan, showing the situation of the land, the position of its boundaries as so determined and of the boundary marks placed thereon and the area and lot number thereof, has been approved by the Director of
Survey and Mapping.
*
In respect of underground land, substitute for paragraph (b) the following paragraph:
“every stratum lot shall be defined by regular planes which may be horizontal or inclined fixed by reference to reduced levels which means the height of a points reduced with respect to the mean sea level. Mean sea level means the average height derived from tidal observations for the definition of zero-height determined by the Director General of
Survey and Mapping;”—see P.U. (A) 204/1997.
**
In respect of underground land, substitute for the word “area” the words “volume of the stratum of the underground land”—see P.U. (A) 204/1997.
***
In respect of underground land, insert before the word “lot” the word “stratum”
**** In respect of underground land, substitute for paragraph (e) the following paragraph:
“a certified stratum plan, showing the situation of the stratum, the position of its boundaries as so determined and such boundary marks as may be required and the volume and stratum lot number thereof, has been approved by the Director of Survey”—see P.U. (A) 204/1997.
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†(2) Any plan approved by the Director of Survey and Mapping under paragraph (1)(e) shall be filed in his office, and (without prejudice to the operation of section 49 in the case of land subsequently affected by any advance of the shoreline or of the bed of any river) shall be conclusive evidence of the boundaries and boundary marks of the land to which it refers, and of the
*area and the *lot number thereof.
††(3) For the purposes of subsection (2)—
(a)
a plan approved under a previous land law in respect of land which was alienated before the commencement of this Act and remains alienated; or
(b)
a plan approved under a previous land law which relates to land alienated after the commencement of this Act and is adopted under paragraph 77(2)(b), shall be deemed to be a plan approved by the Director of Survey and Mapping under paragraph (1)(e).
†††(4) The lot number appearing on a plan of any land approved by the Director of Survey and Mapping under paragraph (1)(e) may be changed by or on the authority of the
Director of Survey and Mapping; and on any such change being made—
(a)
the Director of Survey and Mapping shall cause the
Registrar to be informed of the change;
(b)
the Registrar shall thereupon—
(i)
take all steps open to him to secure the production of the issue document of title of the land, if any;
†
In its application to the States of Penang and Malacca shall be modified, by deleting the words “conclusive evidence” and the following words and substituting therefor the words
“conclusive evidence of the boundaries, boundary marks and area of the land to which it refers and prima facie evidence of the lot number thereof”—see P.U. (A) 500/1968.
*
In respect of underground land, substitute for the word “area” the word “volume” and insert before the word “lot” the word “stratum”—see P.U. (A) 204/1997.
††
This subsection, in its application to the States of Penang and Malacca shall be modified, by substituting for the expression “subsection (2)” where it first occurs the expression
“subsection (2) and (4)”—see P.U. (A) 500/1968.
††† This subsection shall only have application to the States of Penang and Malacca
—see P.U. (A) 500/1968.
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(ii)
call upon the Director of Survey and Mapping to cause the change to be noted on any plan included in the register and issue documents of title to the land; and
(iii)
cause the change to be noted where references to the lot number appear in those documents otherwise than on a plan; and
(c)
the Director of Survey and Mapping shall cause the change to be noted—
(i)
in any deposited plan of the land (within the meaning of section 410) and in any copy of a deposited plan distributed under subsection 411(2);
and
(ii)
when called upon to do so under subparagraph (b)(ii), in any plan of the kind mentioned in that subparagraph.
Amendment of Survey Plan
*396a. (1) The Director of Survey and Mapping shall amend the plan approved by him under paragraph 396(1)(e) if—
(a)
he is satisfied that such plan contains an error or omission;
or
(b)
any alienated land becomes included within the boundaries of a new district, new subdistrict, new mukim, new town or new village as a result of a notification in the
Gazette under section 11 or by virtue of such powers under any previous land law; or
(c)
any alienated land has ceased to be part of any town, village or mukim.
* In respect of underground land, insert before the word “plan” wherever appearing therein the word “stratum”—see P.U. (A) 204/1997.
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National Land Code 549
Provisions of the
National Land Code
Modification
Section 396a
In its application to the Federal Territory of Labuan—
(1)
in subsection (1)—
(a)
in paragraph (b), substitute for the words
“, new mukim, new town or new village”
the words “or new town”; and
(b)
in paragraph (c), delete the words “, village or mukim”;
(2)
in subsection (2), delete the words “, mukim”
and “, village”.
Act 828
(2)
The Director of Survey and Mapping shall as soon as possible after taking action under subsection (1) amend or cause to be amended any such plan as may be included in the register or issue document of title to any land as may be necessary to correct or to bring up to date the name of the district, subdistrict, mukim, town, village or any particulars of survey such as bearing and distances as may appear in the said plan.
(3)
The Director of Survey and Mapping shall inform the
Registrar accordingly, and the Registrar shall make an entry in the register and the subsidiary register, if any, setting out the items so corrected and shall sign and seal the said entry.