Conditions and restrictions in interest
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Conditions and restrictions in interest

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    Conditions and restrictions in interest Conditions and restrictions in interest Presentation Transcript

    •  When the SA has decided to approve any application for alienation, one of the matters to be considered upon approval is that land alienated will be subject to a category of land use – sec. 76(d) Sec. 52 stipulates that category of land use that may be imposed by the SA can be either for the category of agricultural, building or industry. Endorsement of any one category of land use shall be endorsed by the SA on the RDT & IDT – sec. 52(1)(b)
    •  Sec. 5 & 103
    •  Limitation or restriction imposed by the SA on the right of the proprietor to deal with his land. The common restrictions in interes imposed by the SA reads as follows:-“Tanah ini tidak boleh dipindahmilik, dipajak atau di gadai tanpa kebenaran Pihak Berkuasa Negeri”
    •  Sec. 105 Dr Ti Teow Siew & Ors v. Pendaftar geran- geran Tanah Negeri Selangor
    •  General Powers upon alienation
    •  Express condition for “ agricultural”
    •  Express condition for “building and industry”
    •  Implied Condition for agricultural
    •  Implied condition for building
    •  Implied condition for industry
    •  Sec. 124 (1) the proprietor of any alienated land may apply to SA to vary any of the following: a. To alter the category of land use b. To delete the express conditions or RII or to remove the term “padi” of any other expression. Ba. To remove the term „rubber‟ or „kampung” and replace with a new expression c. To amend the express condition or RII
    •  SAmjust satisfy that every person/body who has registered interest in the land or in occupation of the land consented to the new condition/conversion.(2) Once approved ,SA shall endorse the new condition on the IDT and the existing condition deleted.
    •  Inapproving the conversion, the SA may impose: Payment of further premium Payment of other charges Rate a new rent Compliance with other requirements as the SA may think fit.Pengarah Tanah dan Galian WP v. Sri lempah Enterprise
    •  Section 125 Collectorof Land Revenue JB v. south Malaysia Industries
    •  Sec. 127(1) (a)Once a breach of a condition has been made, the land is liable to be forfeited by the SA
    •  SA may have to determine whether the breach falls under any of the following categories:-i. Whether the breach is capable of being remedied by paying a fine only. This maybe so if the breach is not serious.ii. Whether the breach is capable of being remedied by the proprietor within a reasonable time
    •  Sec. 1271(A)(a) – F7E Sec. 127(A)(b) 127 (1B) 127(1C) – F7F 1227(3)
    •  Sec. 128 Sec. 129(1) – serve F7B