1. C O N S T R U C T I O N L A W ( B P D 2 0 3 0 2 )
- L A N D L A W
Guten Morgen

7. Historical background
 Early history
 The development of the law property in Malaysia is based on
the legal history of the country- 3 separate entities
 The straits settlements (Penang, Malacca, Singapore)
 The federated Malay States (Perak, Selangor, Negeri Sembilan,
Pahang)
 The unfederated Malay States (Kedah, Perlis, Kelantan,
Terengganu, Johor)

8. Torrens System
 What is Torrens System?
 First introduced in the federated malay states
 Principal characteristics:
 i) all lands vest in the Ruler, has power to alienate land to his subjects
either in perpetuity or for a fixed term of up 999 years
 ii) all dealings in land must be in the prescribed form and must be
duly registered
 iii) owners of land are given infeasibility of title, which could be
questioned only under special circumstances
 iv) the traditional method of acquisition of virgin land or waste land
 v) forms of dealings which were recognised under the law were
transfers, leases exceeding three years, charges, and liens
 vi) two forms of caveats were recognised, namely private caveats and
registrar’s caveats

9. What is Twin principles of the
Torrens System?
 The mirror principle
 Curtain
“Under the Torrens system, the register is
everything”

10. What is National Land Code 1965?
 Adverse possession no longer possible
 No possessory right however long
 The rules of equity still apply
 Reversion to the State under several circumstances
 Indefeasibility is guaranteed but not absolute
 Strata title recognised
 Four type of caveats

11. What is LAND?
 Fixtures and chattel concept
 Petrol tank buried underground
 Palm oil storage tank erected above ground
 Machinery installed on factory floor
 Offset printing machine affixed to the factory floor
by bolts and nuts
 Dwelling house of plank walls and cement floors
NLC1965- Section 5 and 40

12. Classification and use of land
 Land situated in a State is classified as:
 Land above the shore-line
 Town land
 Village land
 Country land
 This land may be disposed by the State Authority by way of
alienation or other than alienation
 Foreshore and sea-bed
 Disposal is not possible

13. Classification and use of land
 Under latter concept:
 Agriculture
 Building
 Industry
1985- the code recognised 4 categories
 Agriculture
 Building
 Industry
 Residential

14. Classification and use of land
 Agriculture land (Section 115)
 No building shall be erected
 Cultivation- 12 months of the relevant dates
 Occupy the whole area of land
 The area cultivated is maintained according to good husbandry
 The said area shall be continuously cultivated

15. Classification and use of land
 Building land (Section 116)
 A building must be erected on the land within two years of the
relevant date
 No part of land shall be used for- agriculture/ industrial
 Every building shall be maintained in repair
 No such building shall demolished, altered or extend without
prior consent in writing

16. Classification and use of land
 Industrial land (Section 117)
 Manufacture
 Smelting
 The production power
 The storage, transport distribution of goods
 Such other purposes as described by the State Authority

17. Breach of conditions
 2 distinct categories:
 Non-payment of rent due to State Authority in respect of the
land
 Breach in respect of any implied / express conditions

18. TYPE OF DEALINGS
 Recognised unregistrable dealings are those that the
NLC 1965 provides for their execution but not their
registration
 Unrecognised dealings are those that the NLC have
no provision neither for their execution nor for their
registration
 Registrable dealings that are not executed according
to the statutory provisions may be accepted as
equitable dealings

19. TYPE OF DEALINGS
Registrable Unregistrable
Recognised Not-Recognised
• Transfer  Jual-janji
• Charge  Lien
• Lease  Tenancy
• Easement  Long usage

20. TYPE OF DEALINGS
Dealing Part Section Instrument
 Transfer  Part 14  214 - 220  Form 14A
 Lease  Part 15  221 - 240  Form 15A
 Tenancy  Part 15  221 - 240
 Charge  Part 16  241 – 280  Form 16A
 Lien  Part 16  241 – 280
 Easement  Part 17  282 – 291  Form 17A
 Jual-Janji
 Long usage

21. TYPE OF DEALINGS
Dealing Part Section Instrument
 Transfer  Part 14  214 - 220  Form 14A
 Lease  Part 15  221 - 240  Form 15A
 Tenancy  Part 15  221 - 240
 Charge  Part 16  241 – 280  Form 16A
 Lien  Part 16  241 – 280
 Easement  Part 17  282 – 291  Form 17A
 Jual-Janji
 Long usage

22. Danke Schon!!!