National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Alienation under final title
90. Issue of issue documents of title
Feedback & supportWhere any issue document of title prepared under this
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;
Chapter is ready for issue to the proprietor of any land, the Land
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Administrator may serve on the proprietor a notice in Form 5f requiring him to attend in accordance with the terms of the notice, for the purpose of taking delivery of the document and paying any item of land revenue then outstanding in respect of the land.
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
The Land Administrator shall require the receipt of any issue document to be acknowledged in such form as may be prescribed.
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;
Where any issue document is not collected by the proprietor or his agent pursuant to any notice under subsection (1), it shall be retained by the Registrar or Land Administrator for issue in such circumstances, and upon payment of such fees, as may be prescribed.
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;
Extension of land alienated for a term of years 90a. (1) The proprietor of any land alienated for a term of years may apply to the State Authority for the term to be extended.
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;
The application shall be made before the expiry of the term specified in the document of title.
document of title
“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;
Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
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Provisions of the
National Land Code
Modification
Subsection 90(3)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
The State Authority shall not entertain any such application unless the State Authority is satisfied with respect to every person or body having a registered interest in the land, either that he has consented to the application or that his consent ought in the circumstances of the case to be dispensed with.
The approval or rejection of an application under subsection (1) shall be at the discretion of the State Authority, and such approval if given, may be subject to—
payment of premium as may be determined by the State
Authority; and
other charges as may be prescribed.
Subject to subsection (9), where the State Authority approves such application, the Land Administrator shall cause to be served on the proprietor a notice in Form 5a requiring him to pay any sum specified in subsection (5) within the specified time and if any such sum is not paid within such time the approval of the
State Authority shall lapse.
As soon as may be after the sum referred to in subsection (6)
has been paid, the Land Administrator shall endorse, or cause to be endorsed, a memorial to effect such extended term on the register document of title to the land and on the issue document of title if he is able to secure or when the title is produced to him.
In the case of land with subdivided building, the application may be made by the management corporation on the authority of a unanimous resolution and such application shall be regarded as an application in respect of the alienated land and provisional block, if any, consist therein and in the case where the payment is made upon approval of the application in accordance with the foregoing provisions, the memorial to be endorsed as provided under subsection (7) shall be construed to apply also to the subsidiary titles relating to the approval.
subdivided building
“subdivided building”, in relation to subdivision of any building under the Strata Titles Act 1985, includes subdivision of building or land;
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Nothing in this section shall preclude the State Authority from considering the application together with any other application provided under this Act.