DEALINGS AND REGISTRATION            Prepared by:            Puan Hamsiah Omar
IntroductionThe NLC 1965 require certain matter to beRegistered :-(d)   dealings in alienated land(e)   Interest in aliena...
What are dealings?There are four (4) types of dealings of anyalienated land recognized by the Code:- Transfers; Leases a...
Dealings that require registration are:-   Transfers;   Leases   Charges and easements
Dealings that do not requireregistrations are:   Tenancies; and   Liens.
What is “interest in alienated land”?Includes:- a lease and sublease of alienated land; A charge of alienated land; and...
Transfer   Who are the parties to transfer    All persons or bodies in sec. 43    Transferor – party who transfer the lan...
What may be transferred – sec. 214(1)   The whole, but not a part only, of any    alienated land;   The whole, but not a...
Limitation in Transfera.   sec. 214(2) – power to transfer are subject     to:-    Any other written law;    Restriction...
…continueb. sec. 214(3) – prohibits transfer of lease or a  charge to 2 or more persons or bodies as  trustees or represen...
Section 214A – control of transfer ofestate landWhat is estate land ? – sec 214A(1) “agricultural land” Under one title ...
…continueEstate land cannot be transferred or disposedof to 2 or more persons unless consent/approval is obtained from the...
Illustration – Transfer of alienated landAli is a registered proprietor of a piece of landhas agreed to transfer his land ...
General rule on transfera.   sec. 206(1)(a) – every dealing shall be effected in a     proper instrument (forms)b.   Sec. ...
…continuee. sec. 304(1) – registration of any instrument   shall be effected by the Registrar.f. sec. 304(2) – the Registr...
..continueg. sec. 215(3) – upon registration, the transferee (Siti)   shall take over. Lease, charge or other registered ...
LEASEA person who lease the land is called a lessorwhile the person who accepts the lease iscalled the lessee.Lease is one...
..continueBy virtue of sec. 5 - “lease” simply means “ aregistered lease or sublease of an alienatedland”Thus, lease must ...
…continue   Once registered. A lease creates a legal    interest in the land    -   enforceable against third party    - ...
Lease under common law   Need not be registered   Legal interest created upon signing of    agreement
Elements of a lease under CLa.   Lessee has an exclusive possession      lessee can exclude all person including     the ...
Erington v. Erington & WoodsPrinciples to establish:-ii.  Not only that exclusive possession had been     granted;iii. But...
… continue - elementb. Lease is of a definite periodc. Inconsideration of payment of rent.
Power to leaseSec. 221(1) – proprietor of any alienated land  can grant a lease Wholly; or partly
Term of leaseSec. 221(2) every lease must be for a termexceeding 3 years.Maximum term to grant lease – sec 221(3)d. lease ...
Lease and its limitation.a.   Sec 225(1) may be subject to      any other written law;      restriction in interest.d.  ...
Instrument of lease – sec 221(4)   Every lease shall be in Form 15A
Effect of registration – sec 227(1)    a lease will have legal effect upon    registration   Interest of lesse shall ves...
What if lease not registered?   General – sec 206(2) – no instrument of    dealing shall operate to effect any interest  ...
…continue   Even though the instrument is not registered,    the contract to lease entered between the    lessor and less...
… continue   Margaret Chua v. Ho Swee Kiew   Ong Heng Hwa Realty Sdn Bhd
Tenancy Exempt FromRegistration(TXR)   Sec 213(1)
Types of Tenancya.   Periodic Tenancyb.   Tenancy willc.   Tenancy at sufferanced.   Tenancy by estoppele.   Tenancy coupl...
Endorsement   Sec 213 (3)
What if the tenant fails to endorse histenancy against the title?   Than Kok Leong v. Low Kim Hai   Hotel Ambassador
How endorsement made?   Sec 316 – application for endorsement
Sec 317 - procedure
Cancellation of endorsement – sec 318The Registrar may cancel any endorsement By court order; Upon expiry of the tenancy...
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Dealings and registration

  1. 1. DEALINGS AND REGISTRATION Prepared by: Puan Hamsiah Omar
  2. 2. IntroductionThe NLC 1965 require certain matter to beRegistered :-(d) dealings in alienated land(e) Interest in alienated land
  3. 3. What are dealings?There are four (4) types of dealings of anyalienated land recognized by the Code:- Transfers; Leases and tenancies; Charges and liens ; and Easements.However not all the above dealings requireto be registered.
  4. 4. Dealings that require registration are:- Transfers; Leases Charges and easements
  5. 5. Dealings that do not requireregistrations are: Tenancies; and Liens.
  6. 6. What is “interest in alienated land”?Includes:- a lease and sublease of alienated land; A charge of alienated land; and An easement.The above interests are required to be registered by the NLC tobecome effective. Once registered, the party or person whoaccepts the lease, sublease, charge or easement will have aregistered interest over the alienated land.
  7. 7. Transfer Who are the parties to transfer All persons or bodies in sec. 43 Transferor – party who transfer the land; Transferee- party who accepts the transfer.
  8. 8. What may be transferred – sec. 214(1) The whole, but not a part only, of any alienated land; The whole, but not a part only of any undivided share, or any alienated land; Any lease; Any charge; Tenancy exempt from registration
  9. 9. Limitation in Transfera. sec. 214(2) – power to transfer are subject to:- Any other written law; Restriction in interest; Consent from lessee or chargee;
  10. 10. …continueb. sec. 214(3) – prohibits transfer of lease or a charge to 2 or more persons or bodies as trustees or representatives.
  11. 11. Section 214A – control of transfer ofestate landWhat is estate land ? – sec 214A(1) “agricultural land” Under one title or more Which area is more than 40 hectares Land constituting the area are contiguous/joining (the 40 hectares must be adjoining)
  12. 12. …continueEstate land cannot be transferred or disposedof to 2 or more persons unless consent/approval is obtained from the Estate LandBoard.Case: Kumpulan Sua betong.
  13. 13. Illustration – Transfer of alienated landAli is a registered proprietor of a piece of landhas agreed to transfer his land to Siti. Ali wouldlike to know his duty and obligation to make thetransfer effective.
  14. 14. General rule on transfera. sec. 206(1)(a) – every dealing shall be effected in a proper instrument (forms)b. Sec. 215(1) – the relevant instrument for transfer of any alienated land is Form 14Ac. Sec. 206(1)(b) – no instrument shall be effective to operate as a transfer of a title until it is registered.d. Sec. 215(2) – upon registration, the title of trnsferor (Ali) in the land shall pass and vest in the transferee (Siti)
  15. 15. …continuee. sec. 304(1) – registration of any instrument shall be effected by the Registrar.f. sec. 304(2) – the Registrar shall register the transfer by making a memorial on the RDT, signs and seals on the instrument.Case: Jasbir Kaur
  16. 16. ..continueg. sec. 215(3) – upon registration, the transferee (Siti) shall take over. Lease, charge or other registered interest existing at the time of registration of transfer, if any; Tenancy exempt from registration, if any and endorsed; Whatever matters appear in the register document of title.
  17. 17. LEASEA person who lease the land is called a lessorwhile the person who accepts the lease iscalled the lessee.Lease is one of the dealings which is capableof being registered.
  18. 18. ..continueBy virtue of sec. 5 - “lease” simply means “ aregistered lease or sublease of an alienatedland”Thus, lease must be registered to be effective.
  19. 19. …continue Once registered. A lease creates a legal interest in the land - enforceable against third party - enjoys protection within the terms of legislation
  20. 20. Lease under common law Need not be registered Legal interest created upon signing of agreement
  21. 21. Elements of a lease under CLa. Lessee has an exclusive possession lessee can exclude all person including the lessor. lessor will not deprive lessee of enjoyment of the land
  22. 22. Erington v. Erington & WoodsPrinciples to establish:-ii. Not only that exclusive possession had been granted;iii. But also the intention to create the relationship of landlord and tenant;iv. And thereby to create an interest in the land.Case Mohamed Mustaffa v. Kandasami if there is no possession the transaction cannot be a lease
  23. 23. … continue - elementb. Lease is of a definite periodc. Inconsideration of payment of rent.
  24. 24. Power to leaseSec. 221(1) – proprietor of any alienated land can grant a lease Wholly; or partly
  25. 25. Term of leaseSec. 221(2) every lease must be for a termexceeding 3 years.Maximum term to grant lease – sec 221(3)d. lease of the whole piece of land – 99 years.e. Lease of part the land – 30 years.
  26. 26. Lease and its limitation.a. Sec 225(1) may be subject to any other written law; restriction in interest.d. Sec 225(2)- lease cannot be granted to 2 or more persons or bodies as trustees or representative.e. Sec 226 – consent from lessee or chargee be obtained before leased can be created.
  27. 27. Instrument of lease – sec 221(4) Every lease shall be in Form 15A
  28. 28. Effect of registration – sec 227(1) a lease will have legal effect upon registration Interest of lesse shall vest in him upon such registration
  29. 29. What if lease not registered? General – sec 206(2) – no instrument of dealing shall operate to effect any interest unless it registered Sec 206(3) – however the requirement in sec 206(1) shall not affect any contractual operation of any transaction of alienated land.
  30. 30. …continue Even though the instrument is not registered, the contract to lease entered between the lessor and lesser is still valid. Thus, unregistered lease is void as a lease but the contract is valid as an agreement for a lease. The contract is enforceble under the law of contract
  31. 31. … continue Margaret Chua v. Ho Swee Kiew Ong Heng Hwa Realty Sdn Bhd
  32. 32. Tenancy Exempt FromRegistration(TXR) Sec 213(1)
  33. 33. Types of Tenancya. Periodic Tenancyb. Tenancy willc. Tenancy at sufferanced. Tenancy by estoppele. Tenancy coupled with Equity
  34. 34. Endorsement Sec 213 (3)
  35. 35. What if the tenant fails to endorse histenancy against the title? Than Kok Leong v. Low Kim Hai Hotel Ambassador
  36. 36. How endorsement made? Sec 316 – application for endorsement
  37. 37. Sec 317 - procedure
  38. 38. Cancellation of endorsement – sec 318The Registrar may cancel any endorsement By court order; Upon expiry of the tenancy;The Registrar shall endorsement against the cancelled endorsement note of the date of cancellation and the reason thereof.
  39. 39. THANK YOU
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