In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Property in land and powers of disposal

46. Reversion, etc., to the State Authority

(1)

Without prejudice to the provisions of any other written law for the time being in force, alienated land shall revert to and vest in the State Authority in the following circumstances:

(a)

upon the expiry of the term, if any, specified in the document of title thereto;

(b)

upon the publication in the Gazette of a notice under section 130 (that is to say, a notice published on the making of an order of forfeiture by the Land Administrator on the grounds of non-payment of rent or breach of condition);

(c)

in the circumstances mentioned in sections 351 and 352

(which relate respectively to the death of a proprietor without successors, and the abandonment of title by proprietors); and

(d)

upon the surrender thereof in accordance with the provisions of Part Twelve, and any part of alienated land affected by encroachment by the sea or any river shall revert to and vest in the State Authority in accordance with section 49.

(2)

Without prejudice to the provisions of any other written law for the time being in force, reserved land shall cease to be reserved upon the taking effect in respect thereof of any revocation under section 64.

(3)

Leases of reserved land, and licences and permits issued under this Act, shall terminate at the expiry of the term for which they were granted or issued, or on the occurrence before that time of any event specified in that behalf in the lease, licence or permit, or in any rule made by the State Authority under section 14; and any licence or permit issued under this Act shall also terminate on the death or dissolution, except as provided in section 416, before that time of the person or body for the time being entitled to the benefit thereof.

Reversion to State Authority of an undivided share in land or parcel of subdivided building 46a. Where an undivided share in land or parcel of a subdivided building reverts to the State Authority under the provisions of this

Act, or of any other written law, or by virtue of any contract or agreement, whether oral or written, formal or informal, express or implied, the undivided share which so reverts to the State

Authority shall vest and be registered in the name of any statutory authority as may be nominated by the State Authority to hold the same on behalf, and for the benefit, of the State Authority.

Terms defined in s 5

alienated land
Defined · s 5
“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;
Open s 5
breach
Defined · s 5
“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;
Open s 5
document of title
Defined · s 5
“document of title”, in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
Open s 5
Gazette
Defined · s 5
“Gazette” means the Gazette of the State;
Open s 5
land
Defined · s 5
“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;
Open s 5
Land Administrator
Defined · s 5
“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;
Open s 5
lease
Defined · s 5
“lease” means a registered lease or sublease of alienated land;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
registered
Defined · s 5
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
Open s 5
rent
Defined · s 5
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…
Open s 5
reserved land
Defined · s 5
“reserved land” means land for the time being reserved for a public purpose in accordance with section 62 or any previous land law;
Open s 5
river
Defined · s 5
“river” means any river, stream, creek or other natural watercourse, and any tributary, distributary or artificial deviation thereof;
Open s 5
State Authority
Defined · s 5
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
Open s 5
subdivided building
Defined · s 5
“subdivided building”, in relation to subdivision of any building under the Strata Titles Act 1985, includes subdivision of building or land;
Open s 5

Report

Read on from s 47

Chapter 2

Classification and use of land

Read on from Chapter 2

Chapter 3

Rights of access to, and use of, alienated lands

Read on from Chapter 3

Chapter 1

Reservation of land

Read on from Chapter 1

Chapter 2

Temporary occupation of land

Read on from Chapter 2

Chapter 3

Removal of rock material

Read on from Chapter 3

Chapter 4

Permit to use air space above

Chapter 1

Read on from Chapter 3

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Read on from Chapter 1

Chapter 2

The subsidiary register 161—163..

Chapter 2

Deposited plans

Read on from Chapter 2

46. Reversion, etc., to the State Authority

Terms defined in s 5

Classification and use of land

Rights of access to, and use of, alienated lands

Reservation of land

Temporary occupation of land

Removal of rock material

Permit to use air space above

Introductory

Approval of land for alienation

Alienation under final title

General

Collection of arrears of rent

Revision of rent

Summary of conditions and restrictions in interest affecting alienated lands

Implied conditions

Express conditions and restrictions in interest

Enforcement of conditions

Subdivision of lands

Partition of lands

Amalgamation of lands

Subdivision of buildings 151—157..

The registers

The subsidiary register 161—163..

Final title in continuation of final title

Replacement of register document of final title

Chapter 3

Alienation under qualified title

Final title and qualified title in continuation

Conversion of qualified title into final title

Powers of leasing, etc.

Express and implied provisions

Forfeiture

Determination of leases and tenancies

Creation of charges, and general provisions relating thereto

Implied provisions

Remedies of chargees: Sale

Remedies of chargees: Possession

Discharge

Liens

Creation

Release, extinguishment and cancellation

Presentation of instruments for registration

Procedure generally

Determination of fitness for registration

Manner of registration

Powers of Attorney

Cancellation of registration

Endorsement of exempt tenancies

Caveats

Prohibitory orders

Co-proprietorship

Trusts

Deposited plans

Schedules