LAND ADMINISTRATION (RMK 357 )       SEMESTER 2, ACADEMIC SESSION 2012/2013          Topic: Principle & Characteristic of ...
CONTEN     T1.   Torrens System in Malaysia2.   Principle of Torrens System3.   Basic Characteristic of National Land Code...
PRINCIPLE & CHARACTERISTIC OF               NLC   TORRENS SYSTEM IN MALAYSIA Def; A system of registration of titles to l...
PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN                                                            MALAYSIA I...
PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN                                                           MALAYSIA  T...
PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN                                                            MALAYSIA T...
7
Principle of                          Torrens System       The Mirror Principle                      The Curtain Principle...
*Sec.48                                No adverse                                possession         *System are          a...
Sec.48NLC No adverse possession against the State.                     No. title to state land shall be                   ...
*Sec.48                               No adverse                               possession         *System are         agai...
SEC.46NLC REVERSION TO THE STATEAUTHORITY   1(a) Upon the expiry of the term (if any)   specified in the document of title...
SEC.46NLC REVERSION TO THE STATE                                                        AUTHORITY1(b)Upon the publication ...
SEC.46NLC REVERSION TO THE STATE                                                    AUTHORITY  1(c)In the circumstances me...
SEC.46NLC REVERSION TO THE STATE                                                    AUTHORITY1(d)Upon the surrender thereo...
Sec.46(2)NLC Without prejudice to the provisions   of any other written law for the time being in  force, reserved land sh...
Sec.46(3)NLC Leases of reserved land,& licences & permits issued under this Act, shall terminate at the        expiry of t...
*Sec.48                                No adverse                                possession         *System are          a...
INDEFEASIBILITY OF TITLE Is   guarantee but not definitive. Example;  Fraud case.  Wrong delegation.  Void instrument...
*Sec.48                                 No adverse                                 possession         *System are         ...
WHAT IS CAVEAT? Def;   a warning/caution; admonition.                                          21
WHAT IS CAVEAT?Alegal notice to a court/public officer to suspend a certain proceeding until the       notifier is given ...
TYPE OF CAVEATS                  23
REGISTRAR’S                                    CAVEAT        CAVEATSec.319(1)NLC Nature & Effect of Registrar’s CaveatsA c...
REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in which Registrar’s caveats may beenteredSubject to subsection (2), a Regis...
REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in whichRegistrar’s caveats may be enteredba) for securing that the land wil...
REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in whichRegistrar’s caveats may be enteredc) By reason of some error appeari...
CAVEAT           PRIVATE CAVEATSec.322(1)NLC Nature & Effect of Private caveatsA caveat under this section shall be known ...
PRIVATE CAVEATSec.322(2)NLC The effect of any private caveat expressed tobind the land itself/an undivided share in the la...
LIEN-HOLDER’S CAVEATSec.330(1)NLC Creation & effect of lien-holder’scaveatsAny person/body with whom the issue documentof ...
TRUST CAVEATSSec.332(1)NLC Nature & effect of trust caveatsA caveat under this section shall be known as a“trust caveat” &...
*Sec.48                                         No adverse                                         possession            *...
Sec.284(1)NLC Necessity for express grant.No right in the nature of an easement shall be capableof being acquired by presc...
MEANING OF EASEMENT Sec.282(1)NLC    In this Act “easement” means any   right granted by 1 proprietor to another, in his ...
MEANING OF                                             EASEMENT Sec.282(3)NLC  The land for the benefit of whichany easem...
SEC.283(1)NLC RIGHTS ABLE TO BE GRANTED ASEASEMENTS(a)Any right to do something in, over/upon the servient  land;         ...
SEC.283(1)NLC RIGHTS ABLE TO BE GRANTED ASEASEMENTS(b)Any right to do something should not be so done.                    ...
Sec.283(2)NLC The said rights do not include;a)Any right to take anything from the servient land; orb)Any right to the exc...
*Sec.48                                No adverse                                possession         *System are          *...
System are not exclusive & not open. Case Kiah Binte Hanapiah vs Som Binte Hanapiah  Recognize Malay Wooden house.  Sti...
CASE 1Torrens System vs NLC                        TOL      TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7               A       ...
TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7   CATCHWORDS:    Land Law – Claim by registered proprietor for possession of land...
TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7Held, allowing the appeal: (1) the fact that the appellant was registered as  prop...
TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7   Editorial Note    In this case the Federal Court did not touch on some of the  ...
Torrens System vs NLC   Major issue which need decide by court is effect of Sec.81(2)NLC;     As soon as may be after an...
Torrens System vs NLC   In appeal to Federal Court; 3 judge of Federal Court has    decided that the land alienation shal...
CASE 2Pow Hing & Anor vs Malacca Title Registrar (1981) 1MLJ155. Court have referred authoritys method to confiscate  ali...
Torrens System vs NLCJudge has decided that compliance of Sec.97(2),100 & 130(1) is mandatory.   Sec.97(2) Notice of dema...
 Therefore authorities action in this case is they  try to implement the clear legislation collision  procedure & this re...
Definition of Land (Sec.5NLC)            Hard part in earth surface - Law Dictionary.            All natural type – Econ...
Definition of Land The definition is clear influenced by English law; but too brief, then we impel referring to Common La...
Definition of Land   There are exception to the principles above, where landlords    have the freedom limited, namely :- ...
Definition of Land   Sometimes difficult to determine whether    something can be a land‘/not. This related to    fixture...
Sec. IV No.232 The Mejelle; Definition of Fixtures                                                 54
Fixtures Def: any physical property that ispermanently attached /fixed to real property which once removed willcause perma...
Fixtures Determination TestThere are 2 tests which need cross before be able to              decide either it is land/not....
Attachment degree/connection   Thing situated on land/floor does not make fixture ;     on the other hand it is call chat...
Attachment purpose/connection         Something fixtures on the land if want    shifted/come off defect occurs to somethi...
Another which need                            Attachment purpose/connectionattention was; either the installation meaning...
Exemption    Thing which became from business part are exempted when     he/she have owner /tenant relationship with trad...
Exemption    Thing which became no conditional home decor great harm in     building/current land. This going to happen f...
CONCLUSION        S   Torrens System in Malaysia= A system of    registration of titles to land.   Principle of Torrens ...
CONCLUSIONS   Torrens System vs. National Land Code= NLC    are sacrifice by ‘indefeasibility rights’.   Definition of L...
64
Upcoming SlideShare
Loading in...5
×

Note 2 Principles & Characteristics of National Land Code Dr.Nora 280213

11,606

Published on

0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
11,606
On Slideshare
0
From Embeds
0
Number of Embeds
4
Actions
Shares
0
Downloads
428
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

Note 2 Principles & Characteristics of National Land Code Dr.Nora 280213

  1. 1. LAND ADMINISTRATION (RMK 357 ) SEMESTER 2, ACADEMIC SESSION 2012/2013 Topic: Principle & Characteristic of National Land Code Dr.Norazmawati Md.Sani @ Abd.Rahim (Dr.Nora) E08/102B 1 04-6533161 norazmawati@usm.my http://drnorazmawati.blogspot.com 28 February 2013
  2. 2. CONTEN T1. Torrens System in Malaysia2. Principle of Torrens System3. Basic Characteristic of National Land Code 19654. Torrens System vs. National Land Code5. Definition of Land6. Fixtures7. Conclusions 2
  3. 3. PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN MALAYSIA Def; A system of registration of titles to land (as distinct from registration of deeds) introduced into South Australia by the Real Property (or Torrens) Act (act 15 of 1857-58), drafted by Sir Robert Torrens (1814-84). 3
  4. 4. PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN MALAYSIA Its essential feature is the guaranty by the government of properly registered titles to improve efficiency & effectiveness of land administration. 4
  5. 5. PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN MALAYSIA  TorrenssSystem made registration asimportant element to prove a fact related to authority & interest on land. 5
  6. 6. PRINCIPLE & CHARACTERISTIC OF NLC TORRENS SYSTEM IN MALAYSIA Thefact including owners name, details on land, wide area, location, survey plan & his border plan. 6
  7. 7. 7
  8. 8. Principle of Torrens System The Mirror Principle The Curtain Principle  Those facts in record title was valid.Record title reflect all facts on title  Buyer could be safe dependsregister owner & all details of land. on information in the record. 8
  9. 9. *Sec.48 No adverse possession *System are against the State. Rules not exclusive of & not open. Equity. *Sec.284(1) BASIC *Sec.46 Necessity CHARACTERISTIC Reversion to thefor express grant. OF NLC 1965 State Authority. * Indefeasibility *Caveat. of title. Strata Title. 9
  10. 10. Sec.48NLC No adverse possession against the State. No. title to state land shall be acquired by possession, unlawful occupation / occupation under any licence 10 for any period whatsoever.
  11. 11. *Sec.48 No adverse possession *System are against the State. Rules not exclusive of & not open. Equity.*Sec.284(1) BASIC *Sec.46 Necessity CHARACTERISTIC *Sec.46 Reversion to the Reversion to thefor express grant. OF NLC 1965 State Authority. State Authority. *Indefeasibility *Caveat. of title. Strata Title. 11
  12. 12. SEC.46NLC REVERSION TO THE STATEAUTHORITY 1(a) Upon the expiry of the term (if any) specified in the document of title thereto; 12
  13. 13. SEC.46NLC REVERSION TO THE STATE AUTHORITY1(b)Upon the publication in the Gazette of a notice under Sec.130 (that is to say, a notice published on the making of an order of forfeiture by the Collector on the grounds of non-payment of rent/breach of condition); 13
  14. 14. SEC.46NLC REVERSION TO THE STATE AUTHORITY 1(c)In the circumstances mentioned inSec.351&352 (which relate respectively to the death of a proprietor without successors, & the abandonment of title by proprietors) 14
  15. 15. SEC.46NLC REVERSION TO THE STATE AUTHORITY1(d)Upon the surrender thereof in accordance with the provisions of Part 12. 15
  16. 16. Sec.46(2)NLC 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 Sec.64. 16
  17. 17. Sec.46(3)NLC Leases of reserved land,& licences & permits issued under this Act, shall terminate at the expiry of the term for which they weregranted/issued/on the occurrence before that time of any event specified in that behalf in the lease,licence/permit/in any rule made by StateAuthority under Sec.14;&licence/permit issued underthis Act shall also terminate on the death/dissolution, except as provided in Sec.416, before that time of theperson/body for the time being entitled to the benefit thererof. 17
  18. 18. *Sec.48 No adverse possession *System are against the State. Rules not exclusive of & not open. Equity. *Sec.284(1) BASIC *Sec.46 Necessity CHARACTERISTIC Reversion to thefor express grant. OF NLC 1965 State Authority. *Indefeasibility *Indefeasibility *Caveat. of title. of title. Strata Title. 18
  19. 19. INDEFEASIBILITY OF TITLE Is guarantee but not definitive. Example; Fraud case. Wrong delegation. Void instrument. Void ownership in law. 19
  20. 20. *Sec.48 No adverse possession *System are against the State. Rules not exclusive of & not open. Equity. *Sec.284(1) BASIC *Sec.46 Necessity CHARACTERISTIC Reversion to thefor express grant. OF NLC 1965 State Authority. *Indefeasibility *Caveat. *Caveat. of title. Strata Title. 20
  21. 21. WHAT IS CAVEAT? Def; a warning/caution; admonition. 21
  22. 22. WHAT IS CAVEAT?Alegal notice to a court/public officer to suspend a certain proceeding until the notifier is given a hearing: Example; a caveat filed against the probate of a will. 22
  23. 23. TYPE OF CAVEATS 23
  24. 24. REGISTRAR’S CAVEAT CAVEATSec.319(1)NLC Nature & Effect of Registrar’s CaveatsA caveat under this section shall be known as a“Registrar’s Caveats” &a) May be entered by the Registrar on the register document of title to any land in any of the circumstances specified in Sec.320. 24
  25. 25. REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in which Registrar’s caveats may beenteredSubject to subsection (2), a Registrar’s caveat may be entered in respectof any land wherever such appears to the Registrar to be necessary/desirable;a) For the prevention of fraud/improper dealing;b) For protecting the interest of; i. The Federation/the State Authority, ii. Any person who is in his opinion under the disability of minority, mental disorder/unsoundness of mind,/is shown to his satisfaction to be absent from the Federation;/ 25
  26. 26. REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in whichRegistrar’s caveats may be enteredba) for securing that the land will be available to satisfy the whole/part of any debt due to the Federation/the State Authority, whether such debt is secured/unsecured & whether /not judgement thereon has been obtained;/ 26
  27. 27. REGISTRAR’S CAVEATSec.320(1)NLC Circumstances in whichRegistrar’s caveats may be enteredc) By reason of some error appearing to him to have been made in the register/issue document of title to the land/any other instrument relating thereto. 27
  28. 28. CAVEAT PRIVATE CAVEATSec.322(1)NLC Nature & Effect of Private caveatsA caveat under this section shall be known as a“private caveat” &a) May be entered by the Registrar on the register document of title to any land at the instance of any of the persons/bodies specified in Sec.323. 28
  29. 29. PRIVATE CAVEATSec.322(2)NLC The effect of any private caveat expressed tobind the land itself/an undivided share in the land shall, subjectto subsection (4) &(5), to be prohibit so long as it continues inforce the registration, endorsement/entry on the registerdocument of title thereto of;a)Any instrument of dealing executed by/on behalf of theproprietor thereof, & any certificate of sale relating thereto;b)Any claim of the benefit of any tenancy exempt fromregistration granted by the said proprietor; &c)Any lien-holder’s caveat in respect thereof;Provided that where the claim is in respect of a part of the land,the caveat binds the whole land & where the claim is in respectof an undivided share in the land, the caveat binds the whole ofthe undivided share in the land. 29
  30. 30. LIEN-HOLDER’S CAVEATSec.330(1)NLC Creation & effect of lien-holder’scaveatsAny person/body with whom the issue documentof title to any land,/any duplicate lease, has beendeposited as security for a loan may, as provided inSec.281, apply to the Registrar under this section forthe entry of a lien-holder’s caveat in respect of theland/lease in question. 30
  31. 31. TRUST CAVEATSSec.332(1)NLC Nature & effect of trust caveatsA caveat under this section shall be known as a“trust caveat” & may be entered by the Registrar inrespect of any land/interest which (pursuant toSec.344/any corresponding provision of anyprevious land law) is expressed to be held by anypersons/bodies as trustees. 31
  32. 32. *Sec.48 No adverse possession *System are against the State. not exclusive Rules & not open. of Equity.*Sec.284(1) *Sec.284(1) Necessity Necessityfor express for express grant. grant. BASIC CHARACTERISTIC OF NLC 1965 *Sec.46 Reversion to the State Authority. *Caveat. *Indefeasibility Strata Title. 32 of title.
  33. 33. Sec.284(1)NLC Necessity for express grant.No right in the nature of an easement shall be capableof being acquired by prescription (that is to say, by anyassumption of a grant from long & uninterrupted user). 33
  34. 34. MEANING OF EASEMENT Sec.282(1)NLC In this Act “easement” means any right granted by 1 proprietor to another, in his capacity as such & for the beneficial enjoyment of his land, in accordance with the following provisions of this Chapter. 34
  35. 35. MEANING OF EASEMENT Sec.282(3)NLC The land for the benefit of whichany easement is granted is in this Act referred to as “the dominant land”& the land of the proprietor by whom it is granted as “the servient land”. Baker Abel 35
  36. 36. SEC.283(1)NLC RIGHTS ABLE TO BE GRANTED ASEASEMENTS(a)Any right to do something in, over/upon the servient land; Abel Baker 36
  37. 37. SEC.283(1)NLC RIGHTS ABLE TO BE GRANTED ASEASEMENTS(b)Any right to do something should not be so done. Abel Baker 37
  38. 38. Sec.283(2)NLC The said rights do not include;a)Any right to take anything from the servient land; orb)Any right to the exclusive possession of any part thereof; Abel Baker 38
  39. 39. *Sec.48 No adverse possession *System are *System are against the State. Rules not exclusive not exclusive of & not open. & not open. Equity. *Sec.284(1) BASIC *Sec.46 Necessity CHARACTERISTIC Reversion to thefor express grant. OF NLC 1965 State Authority. *Indefeasibility *Caveat. of title. Strata Title. 39
  40. 40. System are not exclusive & not open. Case Kiah Binte Hanapiah vs Som Binte Hanapiah Recognize Malay Wooden house. Stilts House as a moveable property. 40
  41. 41. CASE 1Torrens System vs NLC TOL TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7 A B 1966 Year 1952 April 1968 2 Years paid rent  Form 5A. annual.  17 Nov 1966=RM4,327.50 in 3 month.  Appeal an exemption to State Authority.  16 Jan 1967=Due date to pay premium.  Oct 1967 paid=Late for 10 month. 41
  42. 42. TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7 CATCHWORDS: Land Law – Claim by registered proprietor for possession of land – Registered title conclusive evidence – Indefeasibility of title – NLC, Sec.42, 78(3) 81, 89&178. HEADNOTES: The appellant claimed possession of a piece of land of which she was the registered proprietress. The claim was based on trespass. The respondent resisted the claim, the principal ground being that the qualified title registered in the name of the appellant was null & void. The trial Magistrate entered judgment in favour of the appellant. On appeal, Ajaib Singh J. held that when the appellant was registered as proprietress the approval of alienation of the land to her had already lapsed & therefore it was ultra vires of the State Authority to alienate the land to her. The appellant appealed. 42
  43. 43. TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7Held, allowing the appeal: (1) the fact that the appellant was registered as proprietress necessarily raised the inference that the State Authority on payment of the premium had given fresh approval for the alienation of the land to her; (2) the fact that the register document of title was in the name of the appellant was conclusive evidence that the title to the land was vested in the appellant; (3) under the Torrens System the register is everything & it would be wrong to allow an investigation as to the right of the person to appear upon the register when he holds the 43 certificate of title.
  44. 44. TEH BEE V K MARUTHAMUTHU [1977] 2 MLJ 7 Editorial Note In this case the Federal Court did not touch on some of the important matters which Ajaib Singh J. discussed in his decision. Ajaib Singh J. in his judgment brought out the irregularities practised in some land registries. The publication of his judgment with the Federal Court decision might help to rectify those irregularities by way of some administrative directives by those in authority. These irregularities appear to be carried on in blatant disregard to the provisions of the Land Code relating to the approval of land titles. In his judgment the learned judge also discussed the position of a holder of a T.O.L. after its cancellation or expiration. Federal Court Amir Ismail for the appellant. AKJ D’Cruz for the respondent. 44
  45. 45. Torrens System vs NLC Major issue which need decide by court is effect of Sec.81(2)NLC;  As soon as may be after any sums have become due in respect of any land by virtue of subsection (1), the collector shall, by notice in Form 5A,require the intended proprietor to pay them to him within the time specified in that behalf in the notice; & if any such sum is not so paid within the specified time, the approval of the State Authority to the alienation shall thereupon lapse. Ajaib Singh J. emphasized that, when State Authority take an action without power in NLC, so the registration on a title is not valid & do not have any effect. In this case Ajaib Singh J., has decided that State Authority already acted ‘ultra vires on NLC thereby land alienation was null & void. 45
  46. 46. Torrens System vs NLC In appeal to Federal Court; 3 judge of Federal Court has decided that the land alienation shall not be questioned. According court, fact that applicant has registered as an owner proves that State Authority had given permission when a sum is given to them. Chief Judge states that Sec.81(2)NLC clearly do not intend to impose any limit/obstacle on State Authority power to write off land. He decide that a major reason why this appeal is permitted are because under Torrens System, record title is everything. So the requirement of NLC are sacrifice by 46 The Effects of both principle are Torrenss ‘indefeasibility rights’. System had given indefeasibility of title to registered owners . Refer Teh Bee vs K Maruthamuthus case (1977) 2 MLJ 7 FC.
  47. 47. CASE 2Pow Hing & Anor vs Malacca Title Registrar (1981) 1MLJ155. Court have referred authoritys method to confiscate alienated land due to failure pay rent. The main question is either NLC allocation is mandatory /directing. 47
  48. 48. Torrens System vs NLCJudge has decided that compliance of Sec.97(2),100 & 130(1) is mandatory.  Sec.97(2) Notice of demand.  A note of the service of any such notice shall be endorsed, by/at the instance of the Collector, on the register document of title to the land to which the notice relates.  Sec.100 Forfeiture for non-payment of sum demanded.  The Collector shall not during the period specified in any notice under Sec.97 accept the tender by/on behalf of any person/body of a lesser amount than the sum thereby demanded;& if by the end of that period the whole of that sum has not been tendered to him, he shall thereupon by order declare the land forfeit to the State Authority,& the provisions of Part 8 shall have effect with respect thereto accordingly.  Sec.130(1) Forfeiture to take effect upon notification in the Gazette.  As soon as may be after the making of an order under Sec.100/129 with respect to any land (that is to say, an order declaring the land forfeit to the State Authority for non-payment of rent/the breach of any condition ), the Land Administrator shall publish in the Gazette a notification of forfeiture in Form 8A;& upon such publication , the forfeiture shall take effect as mentioned in Sec.131. 48
  49. 49.  Therefore authorities action in this case is they try to implement the clear legislation collision procedure & this regarded as fraud in law. So, seizure is decided as void & need to be ignored. 49
  50. 50. Definition of Land (Sec.5NLC)  Hard part in earth surface - Law Dictionary.  All natural type – Economically.
  51. 51. Definition of Land The definition is clear influenced by English law; but too brief, then we impel referring to Common Law Principle especially on fixtures. Maxim Latinate “cuius est solum, eiusest usque ad coelum et ad inferos"; mean who own a surface is also owns whether on/below the surface. 51
  52. 52. Definition of Land There are exception to the principles above, where landlords have the freedom limited, namely :-  Certain mineral matters such as coal & kerosene is government property.  Gold, Perak & treasure is belonging to King.  Gold & Perak found & earns from mine is belonging to King.  Airspace ownership above surface not exceeding reasonable height in all situations. 52
  53. 53. Definition of Land Sometimes difficult to determine whether something can be a land‘/not. This related to fixture, that does not clearly defined. Maxim Latinate quiquid plantatur solo, solo cedit; which means; “Any thing placed/fixtures to land, thus it be part from it". 53
  54. 54. Sec. IV No.232 The Mejelle; Definition of Fixtures 54
  55. 55. Fixtures Def: any physical property that ispermanently attached /fixed to real property which once removed willcause permanent damage to the real property, usually land. 55
  56. 56. Fixtures Determination TestThere are 2 tests which need cross before be able to decide either it is land/not. Attachment purpose/ Attachment degree/ connection Connection. 56
  57. 57. Attachment degree/connection Thing situated on land/floor does not make fixture ; on the other hand it is call chattel. Law take view that if fix to the land its be land. But this perception can be denied by stating a proof that it not aimed to fixtures, the thing as be part of land.  (Leigh v. Taylor [1902] AC 157, HL – Tapestry: not fixtures but chattels). 57
  58. 58. Attachment purpose/connection  Something fixtures on the land if want shifted/come off defect occurs to something; thus it show that attachment/the installation aimed to remain. Example: (Holland vs. Hodgson (1872) LR 7 CP 328 - A pile of stones stacked up is not a fixtures but as a dry wall). 58
  59. 59. Another which need Attachment purpose/connectionattention was; either the installation meaning to raise value of the land/building. 59
  60. 60. Exemption Thing which became from business part are exempted when he/she have owner /tenant relationship with trading building. 1. Petrol tank planted under the surface of earth. 2. Palm oil tank are built on surface of earth. 3. Machinery fabricated at factory floor. 4. Printing machine placed in factory floor. 60
  61. 61. Exemption Thing which became no conditional home decor great harm in building/current land. This going to happen for tenancy/residential property lease. 1. Walled board house but having a floor cement. 2. Seat in cinema, stone mannequin & seat/pottery in gardens, kennel, curtain & portrait at wall as fixed ornament. 61
  62. 62. CONCLUSION S Torrens System in Malaysia= A system of registration of titles to land. Principle of Torrens System= Mirror & Curtain Principle. Basic Characteristic of National Land Code 1965. *Sec.48 No adverse *System are possession not exclusive against the State. Rules & not open. of Equity. *Sec.284(1) *Sec.46 Necessity Reversion to the for express State Authority. grant. * Indefeasibility *Caveat. of title. 62 Strata Title.
  63. 63. CONCLUSIONS Torrens System vs. National Land Code= NLC are sacrifice by ‘indefeasibility rights’. Definition of Land=Sec.5NLC. Fixtures= permanently attached /fixed . 63
  64. 64. 64
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×