Subdivision, partition and amalgamation


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Subdivision, partition and amalgamation

  2. 2. INTRODUCTION Sec. 92 – after registration of title, the proprietor has the right to:c. subdivide;d. partition; ande. amalgamate
  3. 3. a. SUBDIVISIONa process the breaking up of an alienated land held under a final title. Held under a single title into 2 or more portions; Each land to be held by the same proprietor or co-proprietors; Upon completion of the subdivision, portions will be held under separate titles.
  4. 4. Who can apply ? Sec. 135(1) The registered proprietor of alienated land held under:- Registry or Land Office title; or Qualified title in continuation of final title (where an application is made to further subdivide a subdivided portion and the boundaries has yet to be surveyed)can apply for subdivision.
  5. 5. Whoapprove the application?Sec. 135(2) – Registry title (land held under RT) – state director Land office title – land administrator.
  6. 6. Effects of subdivision:- Title will be issued for new portion The existing title is no longer effective Name of proprietor or co-proprietor will appear in all the titles; There is no termination of co- proprietorship
  7. 7. What are the conditions to beadhered to by applicant? Sec. 136 – subdivision shall only be approved if following conditions are satisfied:-2. Subdivision would not contravene any other written law and if there is any requirement to be complied with by such law, have been complied.3. Approval from the planning authority obtained;
  8. 8. … continue1. Subdivision would not be contrary to any state plan for that area;2. Subdivision has consent from any body/authority specified by the SA, if any;3. No outstanding in any item of land revenue;4. Any person/body who has registered interest on that land has consented in writing to the application of subdivision.
  9. 9. How to apply?Sec. 137- In writing to the Land Administrator in F 9A and shall be accompanied by;-- Prescribed fees- A plan of land which includes detail of subdivision and such number of copies required- Consent from other authority- Consent from person/body having interest in the land- Upon receiving the application, LA will make endorsement on the RDT
  10. 10. Approval – sec. 138 If all conditions are satisfied, LA shall approve the application or need modification. LA shall inform proprietor of the approval and payment to be made to him by the proprietor; - survey fees; - Fees in respect of the preparation and registration of final title to the sub- divisional lots. If the application is rejected, LA shall notify proprietor and shall cancel the note
  11. 11. b. PARTITION - sec. 1401. What is partition? Involves the dividing of land into portions; Each co-proprietor has a separate title to that portion.
  12. 12. 2. What are the effects ofpartition? The existing title is no longer effective; Land will be divided into more than 1 portion Co-proprietor will terminate; and Each co-proprietor will have his own separate title.
  13. 13. Who may apply? Any two or more persons as co-proprietors of alienated land held under Registry or Land Office title Proprietor, holding a final title
  14. 14. Sec. 141 – conditions for approval Application shall only be approved by SD or LA if : If each of the co-proprietor has either joints in or consent to the application; The area will reflect the proportion referred to the original final title/proportionate to his undivided share in the whole; Conditions as imposed under sub-division in sec. 136(1)
  15. 15. Sec. 141A – application MajorityMajority ProprietorsA co-proprietor holding majority share in the land may apply for partition
  16. 16. Sec. 142 – how to apply? In writing to LA in Form 9B and to attach plan and consent from who has registered interest. The LA shall endorse the application on the RDT. If application is made by majority co- proprietor, LA shall notify the other co- proprietor for any objection (if any) within 28 days.
  17. 17. …continue Upon expiry of the 28 days period, the LA shall:- Notify applicant and other co-proprietors where there are objections that inquiry will be held at a time and place specified:- - if satisfied that good grounds exist, reject the application; - if otherwise, approve, LA may approve application If there are no objections, the LA may approve application.
  18. 18. Sec. 143 – Powers of LA inapplication IfLA is satisfied that all conditions imposed, he shall approve and notify each of the co-proprietors of the approval and call upon the co-proprietor to pay within a specified time:- - survey fee, if any - Fee for preparation and registration of F.T to each portion.
  19. 19. … continue If not, LA shall reject application and notify the co-proprietor, Then LA shall cancel the note endorsed on RDT
  20. 20. Issue of title to individual portionssec. 144 Once partition has been completed, a new title will be issued.
  21. 21. What if there is co-proprietorrefuses to partition?Sec. 145 – Co-proprietor are unable to agree to partition, Those wishing to partition may apply to the High Court for an order to partition.
  22. 22. How does court assist?The court may order:- Land to be sold and the proceeds be shared according to the shareholding of each co-proprietor; Land to be sold if it difficult to partition the land lots of appropriate size; The share of a co-proprietor wishing to partition be transferred to those co=proprietor who do not wish to partition subject to compensation/price paid
  23. 23. When to refer matter tocourt Ifthe majority shareholder wishes to partition but any one of co-proprietor refused to do so, they can straight apply to court and not necessary to the LA. Ku Yan bt Ku Abdullah v. Ku Idris b. Ku Ahmad (1991) 3 MLJ 439
  24. 24. Subramaniam & Ors v.Inderjit Kaurd/o Karnail Singh & Anor. (1997) 3MLJ 366 Disagreed with the decision in Ku Yan’s Case. Judge’s opinion:- Sec. 145(1)(a) – is where minority holders intends to apply to the LA for partition but one of the c0-proprietor refused to consent to it. Then, minority may apply to court under Sec. 145(1)(a). This applicant must first satisfy the cout that he did not get the co —operation of the co-proprietors;
  25. 25. … continue The majority s/holder of the land on the other hand, must first apply to he LA under sec. 141A for partition. They are not required to obtain consent of other co-proprietor as stated in Sec. 142(1)(e) If application for partition is rejected by the LA, he may come to the court to appeal under sec. 418 of NLC. Sec. 418 is a right to appeal given to any party aggrieved (treated unfairly) by the decision of the Registrar/LA. They must apply direct to the court for partition.
  26. 26. 3. AMALGAMATIONSEC. 140what is amalgamation? Involves the combination of two or more contiguous/adjoining lots of alienated land The lands are under separate titles. When combined, the land will be held under single title.
  27. 27. Approving authority – sec. 146(2) Lots to be amalgamated if held under Land Office Title and combined are will not exceed 4 hectares – approval made be LA.
  28. 28. Effect of amalgamation Single title will be issued Name of all proprietors will appear in title together with shareholdings; Existing titles have no more effect
  29. 29. Process of amalgamation – sec.147(1) Amalgamation shall only be approved by the SD/LA If condition in sec. 136(a)-(g) are satisfied
  30. 30. When will sanction from SA isneeded for approval? Sec.147(2) Where the lots to be combined are held under Land Office Title and after combined exceeds 4 hectares
  31. 31. … continue Where the combined lots are held partly under Registry Title land partly under Land Office Title. Any dissimilarity exists between any of the lots in respect of: The periods for which they are held - one title may be for 99 years another may be in perpetuity.
  32. 32. …continue Rates of rent payable – one title may cost RM50.00 and another may be RM20.00 Categories of land use/conditions and restrictions in interest – one title maybe for agriculture and another may be for industry. SA shall direct amalgamation be approved with new conditions as it may think fit to overcome the dissimilarity.
  33. 33. Application for approvalsection 148 Application in F9C and prescribed fees and plan of lot to be amalgamated and any approval required under any written law and consent from any interested party. Upon receiving application, LA shall endorse a note on RDT.
  34. 34. End of topicThank you