Section 406
Compensation for damage
of National Land Code (Revised - 2020)
(1)
Where, in order to mark out, clear or define any boundary or other line for the purposes of a survey, it is necessary for a
Survey Officer to enter on any land and remove or destroy any trees, fences, crops or other property of value, the officer shall—
(a)
assess the value of the property before removing or destroying it; and
(b)
pay or tender to the owner of the property the value so assessed.
382
National Land Code 561
Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Section 407
In its application to the Federal Territory of Kuala
Lumpur, delete the words “or the State Authority”.
In its application to the Federal Territory of Putrajaya, delete the words “or the State Authority”.
In its application to the Federal Territory of Labuan, delete the words “or the State Authority”.
National Land Code
National Land Code 563
(2)
Any dispute regarding the sufficiency of any amount assessed, paid or tendered under subsection (1) shall be determined by the
Land Administrator, whose decision shall be final.
Errors in survey 407.
As between the Federation or the State Authority and a proprietor, no claim or suit shall arise or be maintained on account of any surplus or deficiency in the *area or measurement of any *lot or any parcel of a subdivided building disclosed by a survey showing an area or measurement differing from the area or measurement disclosed on any subsequent survey or from the area or measurement shown in the register document of title.
Director of Survey and Mapping’s certificate as to cost of work 408.
A certificate purporting to be signed by the Director of
Survey and Mapping and stating the cost of work done in respect of boundary marks shall be conclusive proof of the facts stated, and shall be admissible in evidence accordingly.
Powers of Land Administrator and Settlement Officer 409.
A Land Administrator and a Settlement Officer shall have and may exercise any power conferred by this Chapter on a Survey
Officer (not being a power conferred expressly on the Director of Survey and Mapping).
Survey by licensed land surveyor 409a. Wherever under this Act, any survey fees are chargeable, such survey fees shall not be chargeable where the land is to be surveyed by a licensed land surveyor and a certificate from the
Land Surveyors Board certifying that the survey of the land will be carried out, is furnished.
* In respect of underground land, substitute for the word “area” wherever appearing therein the word “volume” and insert before the word “lot” the word “stratum”—see P.U. (A) 204/1997.
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Act 828