National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts
Section 396
Feedback & supportFor the purposes of this Act, land shall not be taken to have been surveyed until—
land
“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;
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;
the **area enclosed by its boundaries as so determined has been calculated;
a ***lot number has been assigned thereto by the Director of Survey and Mapping; and
lot
“lot” means any surveyed piece of land to which a lot number has been assigned by the Director of Survey and Mapping;
****(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
Director General
“Director General” means the Director General of Lands and Mines referred to in section 6 and includes the Deputy Director General of Lands and Mines and an Assistant Director General of Lands and Mines;
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
Director of Survey and Mapping
“Director of Survey and Mapping” means the Director of Survey and Mapping of the State appointed under section 12, and includes a Deputy Director of Survey and Mapping appointed thereunder;
*area and the *lot number thereof.
††(3) For the purposes of subsection (2)—
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
previous land law
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
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—
the Director of Survey and Mapping shall cause the
Registrar to be informed of the change;
Registrar
“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;
the Registrar shall thereupon—
take all steps open to him to secure the production of the issue document of title of the land, if any;
issue document of title
“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;
†
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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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
cause the change to be noted where references to the lot number appear in those documents otherwise than on a plan; and
the Director of Survey and Mapping shall cause the change to be noted—
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
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—
he is satisfied that such plan contains an error or omission;
or
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
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;
Gazette under section 11 or by virtue of such powers under any previous land law; or
any alienated land has ceased to be part of any town, village or mukim.
mukim
“mukim” means any area duly constituted as a mukim under section 11 or, by virtue of section 442, deemed to be a mukim so constituted;
* 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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Provisions of the
National Land Code
Modification
Section 396a
In its application to the Federal Territory of Labuan—
in subsection (1)—
in paragraph (b), substitute for the words
“, new mukim, new town or new village”
the words “or new town”; and
in paragraph (c), delete the words “, village or mukim”;
in subsection (2), delete the words “, mukim”
and “, village”.
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.
district
“district” means any area duly constituted as a district under section 11 or, by virtue of section 442, deemed to be a district so constituted;
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.
entry
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;