land law 1 all topics

1. Land Law 1
Historical Background
Early History (before independence)
- 3 main entities existed:
- The Straits Settlement (Penang, Melaka, S’pore)
- Penang
- 17th century, part of Kedah. Ruled by a
Muslim Sultan. Through 3 treaties created
in 1786, 1791, and 1800, finally fell into the
hand of British.
- case: Ong Cheng Neo v Yeop Cheat Neoh
(Privy Council).
- facts: the island was wholly inhabited when
the English arrived. There was no trace of
any laws having been established there
before it was acquired by the East India
Company.
- held: the law of England was taken to be the
governing law as long as it is applicable to
the circumstances of the place and
modified.
- English deed system (1807), one’s
ownership of land is not ascertained by
registration of title but based only on deeds
or documents executed between the
parties.
- Malacca
- On the British entry into Malacca in 1824, a
blend of law existed, made it very difficult to
implement the English Deeds System
- Dutch Grant
- Malay Customary Tenure
- Islamic Principles
- Characteristics of the Malay Customary
Tenure:
- All lands belong to the Ruler. Nature of
ownership of land is not absolute. One
had only the right to use or utilise the soil
but not owned it (proprietary rights)
- Method of acquisition of the land is by
opening up and cultivating virgin jungle
land or waste land.
- One must continuously maintain and
cultivate the land and obligated to pay
1/10 of the proceeds to the Rulers as tax.
- If land is abandon or neglected for a
substantial period of time without
reasonable cause, the land will be
subjected to forfeiture by the Ruler
and the owner would lose all his rights
therein.
- The practice of sale & purchase of land
was known as pulang belanja (if the
owner wishes to sell his land, the price
which he could expect from the
purchaser would reflect, the cost of his
labor, & out-of-pocket expenses
incurred in cultivating and developing the
land.
- The recognition of transactions known as
jual janji (took placed if the owner
wishes to borrow money on the security
of his land. it is a sale transaction with a
collateral agreement by the buyer to sell
back the land to the borrower upon the
latter paying back an identical price
before a stipulated date) & jual putus
(however, if the borrower fails to pay
within time, the sale agreement
becomes absolute, in which event the
lender becomes the absolute owner.
- case : Sahrip v Mitchell & Anor
- held by Sir Benson Maxwell CJ: it is well
known that by the Old Malay law or
custom of Malacca that the sovereign
was the owner of the soil. Every man had
nevertheless the right to clear and
occupy all forest and waste land subject
to the payment to the sovereign of 1/10
of the produce of the land so taken.
- In Malacca, MCT was abolished (end of
19th century). In 1861, a law was passed by
the English administrators, -all land shall be
deemed to be “vested in the Crown” -
following the English Law of property.
- Federate Malay States (Perak, Selangor, N.9,
Pahang)
- independent states under sovereign Muslim
rulers.
- case: The Pahang Consolidated Company
Ltd. v The State of Pahang, the Sultan of
Pahang is an absolute ruler whom resides all
legislative and executive power, subject only to
the limitations which he has from time to time
imposed upon himself.
- case: Shaik Abdul Latif & Ors. v Shaik Elias
Bux, the court had to consider what law to
apply in relation to a will drawn up by a Muslim
who lived and died in Selangor. The trial judge
held that the Islamic law was to be applied. On
appeal, Edmond JC further clarify, the British
treaties with the Ruler of these States merely
provided that the advice of the British
administrators should be followed and in
accordance with such advice, Courts have
been established by Enactment, British Judges
appointed, and a British administration
established. The population of these States
consisted of Mohammedan Malays and land
mining Chinese community in their midst.
- Unfederated Malay States (Kelantan, Perlis,
Terengganu, Johor, Kedah)
- Northern States of Kedah and Perlis (Siamese
influence)
- Terengganu and Kelantan (lesser)

2. Land Law 1
Malaysian Torrens System
- formulated by an Australian, Sir Robert Torrens,
introduce the system of land registration in South
Australia as the Real Property Act 1857.
- was introduced to FMS during English occupation
- When the TS was introduced in the FMS, there was
already a system of land law based on Malay
custom and Islamic Law.
- This was affirmed by the Supreme Court of Malaysia
in the case of Tengku Jaafar & Anor v State of
Pahang, Lord President held that the land law in
Pahang before the introduction of the TS was
Islamic law of Shafii School.
- Thus, basic concept of TS, a system of registration
of titles and dealings on the land.
- Salient features of the TS:
- All lands vest in the Ruler. Ruler has the power to
alienate land to his subjects either in perpetuity
(forever) or for a fixed term of up to 999 years.
- All dealings in land must be in the prescribed form
and must be duly registered with the relevant
authorities; failure to do so would render the
dealings null and void. (Haji Abdul Rahman &
Anor v Mohamed Hassan)
- Upon registration, registered owners of land are
given indefeasibility of title (rights cannot be
challenged)
- Different types of dealings were introduced,
transfers, leases, & charges.
- 2 forms of caveats (restrain of dealings) were
introduced, registrar caveat & private caveat.
- The traditional method of acquisition of virgin land
or waste land was abolished.
- Under the Torrens System, the register is
everything and it would be wrong to allow an
investigation against the right of a person to
appear upon the register when he holds the
certificate of title. (Teh Bee v Maruthamuthu)
- Twin Principles of TS:
- Mirror principle:
- The register reflects accurately and
completely the current facts about the
registered owner’s title such as name of
proprietor, particulars of lands, area of land etc.
- In other words, the register become a mirror of
all information relating to the land whereby the
necessary information is reflected on both RDT
and IDT.
- Curtain principle:
- The register become a curtain in all
transaction between owner and other party in
respect of the land.
- The intended purchaser will only be
concerned with the information reveals in the
register & need not go behind the title or
beyond the register.
- To obtain particulars related to the land, it is
sufficient if the intended purchaser examines
the RDT.
- Important characteristics of TS:
- Official Record (Registration Book)
- All the necessary information relating to the
land will be kept in the Official Record.
- Prospective purchaser may make a search to
know the details of the ownership of the land.
- Register
- Consists of individual grant certificates/folio
which will contain the particulars of the land
such as the name of the registered proprietor.
- Security of the Registered Proprietor
- Provides security to the owner of the land, as
once the name of the proprietor is registered
and appears in the register, it will secure his
ownership and interest over the land.
- Hence, the validity of the transaction which are
not secured/do not appear in the register will
be denied.
National Land Code 1965
- aims at introducing a uniform system of land law and
registration of titles.
- replaces various state enactments in respect of land
matters.
- applicable to Peninsular Malaysia only.
- Salient features of the NLC 1965:
- Upon registration, the party, whose name is
registered, will obtain a title to the land.
- The title shall be indefeasible as provided under
Section 340(1) of the NLC (subject however to its
exception spelt out under Section 340(2))
- Possessory rights will not be granted irrespective
of the duration of the possession. e.g. TOL
holder.

3. Land Law 1
What is land?
- Section 5 of NLC 1965 defines land as includes:
A. That surface of the earth and all substances
forming that surface, e.g top soil, grass
B. the earth below the surface and all substances
therein, e.g clay, stone, rock, mineral water
C. all vegetation and other natural products
whether or not requiring the periodical
application of labour to their production and
whether on or below the surface, e.g trees,
plants, roots
D. all things attached to the earth or permanently
fastened to anything attached to the earth,
whether on or below the surface
E. land covered by water, e.g lake, pond, swamp
- Section 5(d) has given rise to the difficulty in
determining whether a particular item forms part of
land or not.
- First limb: land includes ‘all things attached to the
earth’. e.g houses, building etc
- Second limb: ‘all things permanently fastened to
anything attached to earth’. i.e. wtv things
permanently attached to any structure, even
slightly attached for as long as it is meant to be
permanent. e.g, kitchen cabinet and lightings
- Importance of having the word ‘land’ in NLC:
- As between vendor and the purchaser - to
determine the rights of the purchaser on certain
items in a sale and purchase transaction.
- As between chargor(person) and chargee(bank) -
to determine the right of the charges bank over the
land charged to them as a security.
Law of fixtures & chattel
- To determine whether a particular item forms part of
the land or not (need to look at whether such item is
a fixture or a chattel)
- Difference between F & C:
- Fixtures:
- when an item is attached to the land and
immovable. Thus, form part of the land.
- Chattel:
- when an item even if attached to the land, it is
removable. Thus, not form part of the land.
- General rule in the case of Holland v Hodgson,
“..an article which is affixed to the land even slightly
is to be considered part of the land, UNLESS the
circumstances are such as to show that it was all
along to continue as a chattel. The onus is on those
who contend that it is chattel..”
- However, neither fixture nor chattel is defined in
our NLC.
- The application of the English Law of Fixture in
Malaysia is decided in the case of Goh Chong Hin v
Consolidated Malay Rubber, whereby Sproule J
said that, “the English law of fixtures is applicable and
referred to in Malaysia”
- 2 tests to determine what is land and not (based on
Holland v Hodgson)
- Degree of annexation
- To what extent an item is affixed or attached to
the land.
- Questions:
- Whether it is strongly or slightly
attached or it may be resting by its own
weight to the land?
- Will it cause great damage (fixture) or
slight damage (chattel)?
- Hence, the stronger an item is attached, the
more likely the item to be fixture, and the more
damage is done to the item upon its removal,
the more likely it is considered to be part of the
land.
- case: Australian Provincial Assurance Co
Ltd v Coroneo
- The degree of annexation must be
considered through the intention. Where
evidence has been adduced that a chattel
has been attached or permanently
fastened to the land or building, it is prima
facie a fixture, but where it is proved to have
only been fixed merely for a temporary
purpose, then it is not a fixture.
- Purpose of annexation
- Questions:
- What is the purpose of putting the there?
- Is it intended to be permanent?
- Is it intended to enhance the value of the
land?
- Is it for better use of the item as a chattel
itself?
- If the purpose of annexation of the item is for
the enhancement of the value of the land, that
item stopped to be a chattel. It will be a fixture
and form part of the land.
- case: Goh Chong Hin v Consolidated Malay
Rubber
issue: whether an item consists of machinery
affixed by the proprietor to the land is a
fixture.
held: the machinery which was affixed to the
east by bolts and nuts, became a fixture and
form part of land.
- case: Shell Co of Federation of Malaya Ltd v
Commissioner of Federal Capital of KL held
: that underground petrol storage tanks that
were two feet deep below ground and
concreted over, with the intention that it
should remain there permanently, should be
considered as fixtures. The tanks when placed
underground were intended to remain in site for
as long as the filling stations continue in
operation.
- case: Socfin Co Ltd v Chairman Klang Town
Council
- facts: Above ground storage tanks consisting
of cylinders that were resting on pre-cast
concrete pillars standing on a reinforced
concrete raft foundation for the purpose of
storing palm oil.
- held: the tanks were meant to improve the land
and for its better use and enjoyment and it was
considered to be structures attached to the
land, and was thus, classified as fixtures.
- case: Material Trading Pte Ltd v DBS
Finance Ltd
- Whether an item is considered chattel or
fixture is a mixed question of fact and law that
depends on the intention of the parties. The
onus of proof is on the owner of the item to

4. Land Law 1
prove that a particular item is still a chattel even
after it is attached to land.
- case: Lyon & Co v London City Midland
- facts: The C hired out some seating to Mr
Brammall for use in his cinema for a period of
12 weeks. The terms of the contract granted an
option to purchase the chairs but this option
was never exercised. The local authority
required the seating in the cinema to be
fastened to the floor and Mr Brammall fixed the
chairs to the floor with screws. Mr Brammall
then mortgaged the cinema to the defendant
bank and defaulted on payments. The D took
possession of the cinema and the C brought an
action for delivery up of the seating and
damages for their wrongful detention. The D
argued that the seating had become fixtures
and therefore title had passed to them.
- Held: The chairs were chattels.
- Exceptions to the general rule:
- Tenant’s fixtures
- Items brought by tenant to his rented house -
belongs to tenant and can be removed
- Must fulfil certain conditions:
- There is landlord-tenant relationship
- Items need to be removed prior to the expiry
of the tenancy period. Failure to do so, it will
become the property of the landlord.
- Only tenants, trade, ornamental and
domestic fixtures can be removed.
- Do not cause substantial damage or injury
to the landlord’s house.
- case: Spyer v Phillipson
- facts: a lessee of a flat for 21 years installed
antique panelling, ornamental chimney pieces,
and fireplaces. No structural changes were
made for the panelling but slight alterations
were necessary for the chimney pieces and
fireplaces. When the lessee died, his executors
claimed the right to remove the panelling,
chimney pieces and fireplaces as tenant's
fixtures. The lessor claimed that they were part
of the structure and that their removal would
cause damage
- held: A tenant has the right to remove his
fixtures provided no substantial damage was
done to the premises.
- Tenant’s trade fixtures
- Items attach to the land of the purpose of
carrying out business.
- Ornamental fixtures
- Items that have sentimental value such as an
antique door or paintings
- Fixtures under proved custom
- Where a custom exists in relation to an item
that should be considered a chattel in all
circumstances, it can be removed by the owner
of the item.
- case: Kiah v Som, A Malay traditional house
built on stilts, which could easily be
dismantled and removed is considered as a
chattel.
- case: Re Thiambi bt Ma’amin, A Malay
wooden house is moveable property and thus,
a chattel and can be removed.
- Written agreement
- a) an express provision regarding the nature
of the fixture and such provision has clearly
specified the limitations imposed on the
ownership of the fixture, the item will pass with
ownership.
- case: Sungei Way Leasing v Lian Seng
Properties & Ors
- The lessor was entitled to the air conditioner as
the Lease Agreement prohibited the transfer
of the equipment to a third party.
- case: Vaudeville Electric Cinema v Muriset
- facts: Where a cinema was sold under a
mortgage, the plaintiff sought to recover the
value of the paintings, a cinema screen,
advertising boards and the cinema seats,
which they claimed to have all been chattels.
- held: Although the items can be removed, they
are still attached to and form part of the
building, and are part of the ordinary
equipment of the building for the purpose for
which it was used and was intended to be
used.
- All the items specified passed under the
mortgage as fixtures.
- case: Reynolds v Ashby & Son
- facts: Machines supplied by their owner to the
lessee of a factory on hire purchase were
affixed to the floor of the factory by bolts and
nuts and could have been removed without
causing damage to the building. The lessee
defaulted in payment, and the owner brought
an action to recover the machines or their value
from a mortgagee of the premises who had
taken possession.
- held: The machines had been so affixed to the
land as to pass by the mortgage to the
mortgagee.
- b) chargee relationship
- case: Wiggins Teape (Malaysia) Sdn Bhd v
Bahagia Trading Sdn Bhd & Ors
- facts: A property was charged to the bank in
which an offset printing machine under a hire
purchase scheme was affixed in that
property to the floor by bolts. The chargor
failed in the loan repayment and the bank
proceeded to enforcing the charge. The issue
was whether the machine formed part of the
property.
- held: The machine is a fixture and thus, passes
to the bank even if it were attached to the land
after concluding the charge agreement, unless
of course contrary was provided for in the
contract.

5. Land Law 1
Rights and Powers of State Authority
- Section 5, definition:
- “State Authority”: Ruler or Governor of the State
- case: Lebbey Sdn Bhd v Choong Wooi
Leong, case made a distinction between the
definition of the State Authority in the NLC and
the practical definition of State Authority. Court:
“State authority under the Code is defined,
the purposes of the State of Selangor, as
the Ruler. For practical purposes, this
means the Ruler acting upon the
recommendation of the Exco of the state.”
- “State Land”: all land within the boundary of the
State excluding:
A. alienated land - land already alienated by
the SA to private person or body for
agriculture, building or industry (not
mining)
B. reserved land - land reserved for future
use and for public purpose
C. mining land - alienated under the Mining
Law
D. any land which under the provision of any
law relating to forest is for the time being
reserved forest (Forestry Act 1984)
Who owns land?
- Section 40: State Land in Malaysia is vested solely
in the SA, includes all minerals and rock material
within or upon the land
Powers of SA
- Section 41: SA has the power to:
- to dispose state land, reserved land and
mining land as stated in Section 42
- to take back the land as stated in Section 46.
- case: Kabra Holdings Sdn Bhd v Ahmad bin
Shahlan
- held: the promise made by the MB in allowing
the occupiers occupying the SL did not bind the
SA.
How does SA dispose the land?
- Section 42(1): Land can be disposed by way of
- Alienation - Sections 76-92. Terms = 99 years
[Section 76(a)] or in perpetuity [Section 76(aa)]
- Reservation of state land and grant leases of
reserved land - Sections 62-64
- Issuance of license to occupy SL, ML and RL
under TOL - Sections 75-76
- Issuance of permit to extract and remove rock
material - Sections 70-76
- Issuance of permit to use air space on or above
SL and RL - Sections 75A-75G
Mode of disposal
- Alienation
- Other than alienation
- Reservation & Lease of reserved land
- TOL
- Permit to extract & remove rock material
- Permit to use air space
What SA cannot do?
- Section 42(2)
- Dispose of any land for mining purpose (within the
meaning of any written law for the time being in
operation relating to mining)
- Issue permit to extract or remove rock material for
obtaining metal/mineral
- Dispose any land for removal of forest produce
- Alienate agricultural land less than 2/5 of a
hectare, to more than one person
To whom it should be dispose to
- Section 43
- a) Natural person other than minors
- (Natural person - sound mind, not a bankrupt)
- (minors - S. 2 of Age of Majority Act 1971,
below 18 years old)
- case: Tan Hee Juan, the registration of 2
documents of transfer executed by a minor was
held to be void.
- b) Corporations - allowed by their constitution to
hold land
- c) Sovereigns, governments, organisation etc -
allowed to hold land under Diplomatic Privileges
(Vienna Convention) Act 1966, the International
Organisations (Privileges and Immunities) Act
1992 and the Consular Relations (Vienna
Convention)
- d) Bodies expressly empowered to hold land
under other written law
Reversion of land to SA
- Section 46(1)
- For alienated land: upon expiry of the term; non-
payment of rent or breach of condition; death of
owner without successor (Sections 351-352);
surrender of land by proprietor; when sea and
river encroached into alienated land (Section 49)
- Section 46(2)
- For lease, license and permit: upon the
expiration of the lease, license or permit;
dissolution of the company; death of the holder
- Section 46(A)
- Reversion of an undivided share in land or parcel
of subdivided building, Where an undivided share
in land or parcel of subdivided building reverts to
the SA…….
Building to vest in SA upon reversion
- Section 47: any buildings become the property of the
SA, and no compensation shall be payable by the
SA.
No adverse possession
- Section 48: No person can acquire title to SL except
through alienation by SA
- case: Sidek bin Haji Muhammad & Ors v
Government of Perak & Ors
- facts: The appellants, who were squatters, were
given notices to stop work and vacate the area.
They filed a writ seeking a declaration that they
were entitled in law and equity to be in
possession of the land they had pioneered and
occupied.
- held: Squatters are mere trespassers who cannot
claim title to the land against the State
Government as they have no right in law or
equity
Effect of advance or retreat of sea
- Section 49: Where the shore-line or the bed of any
river encroaches on any alienated land, the area
affected by the encroachment will cease to form part
of that land and will become SL.

6. Land Law 1
Paramount and Subsidiary Rights
Extent of ownership and enjoyment
- English Law: extend of right over one’s land is
extensive
- Latin maxim: “cujus est solum egis est usque as
colem et ad infernos” (whose is the soil, his is also
that which is above and below it)
- case: Corbett v Hill
- “at common law the owner of the land is the owner of
everything up to the sky and down to the centre of
the earth”
- The rights to enjoy land is not absolute and subject
to limitation.
Rights of proprietor, lessee or permit holder
- Section 44: Paramount rights (natural rights)
- Section 44(1): the proprietor, lessee or TOL
holder is entitled to:
- a) right to enjoy the column of air space
- Exclusive rights but not absolute
- Subject to limitations:
- Other provisions in NLC [S.44(1)]
- Other written law [S.44(1)]
- Enjoyment is reasonable and necessary
[S.44(1)(a)]
- Must be lawful [S.44(1)(a)]
- case: Kelsen v Imperial Tobacco Co Ltd
- facts: The defendant owned the freehold in
premises from which he ran a wholesale
tobacco business. He leased part of the
premises to the claimant from which he ran a
tobacconist shop and had a flat in which he
resided. The defendant erected a sign that
protruded into the claimant’s airspace by four
inches.
- held: An injunction was granted to prevent
the trespass of the airspace.
- Why is the right to air space restricted?
- to balance the individual rights of enjoyment of
the land > overall public right to utilise the land
for common good
- case: Lacroix v the Queen
- facts: owner of the piece of land sued the
Crown for setting up flighty over part of his land
- held: plaintiff’s right of air space was limited,
and he failed to prove that he had been
deprived of such right.
- Issues on aircraft (trespass or nuisance)
- Section 19(1) Civil Aviation Act 1969: No
action can be maintained for nuisance or
trespass where an aircraft is flying at a
reasonable height.
- However, action can be maintained against the
trespasser if his activities interfere with the
owner’s use and enjoyment of land.
- Section 19(2) Civil Aviation Act: Action can lie
where material loss or damage occurs to the
land by the flight of an aircraft.
- case: Sweetland v Curtis Airports Corp
- facts: P family owned a piece of land. A
company bought the opposite land intend to
set up an airport and a flying school. P objected
and claim that flying of the aircraft over the land
is trespass.
- held: flying of an aircraft over land was not a
trespass, an airport cannot be established at a
place where its normal operation would deprive
the plaintiffs of the use and enjoyment of their
property.
- case: Karuppanan v Balakrishnen
- facts: A four storey hotel stood on Lot 26.
Previous owner of obtained planning
permission to build windows which protrude
into adjacent Lot 25. There was an undertaking
to remove the windows if later any buildings
were built on Lot 25. Later, owner of Lot 25
wanted to build a hotel, asked new owner of Lot
26 to remove the windows. He failed to do so.
- held: Federal Court: The law has clearly
spelt out the right of an individual over his land
– he is given the EXCLUSIVE use of airspace
above his land. The A (owner of Lot 26) had no
right to encroach into the airspace of Lot 25.
- b) right of support by the adjoining land
- A landowner is entitled to have his land
supported by the neighbouring land and the
right to not have that support removed.
- The right of support is a negative right in
that it is a right not to lose natural support
from the adjoining land.
- Conditions to fulfil to be entitled to RoS:
- a) land at lower level must support the
land above it
- b) the land must be adjoining to each
other
- c) the land is in its natural state
- under Common Law Principle, natural
state (unburdened with building,
unweakened by excavation)
- case: Madam Chah Siam v Chop
Choy Kong Kongsi
- facts: The plaintiff was in occupation
under a TOL of a large and small
pond on State land. Towards the end
of 1936, the working face of the
defendant’s mine was nearing the
boundary next to the pond. One night,
the bank of the pond gave way and
water poured into the mine, causing a
loss in a large portion of the fish. The
plaintiff claimed for damages while
relying on her right of support
- held: Land in its natural state is only
entitled to such a degree of support as
it would have required in its natural
condition, and has no right to an
additional support required by reason
of its weakened state.
- case: Guan Soon Tim Mining v
Ampang Estate Ltd
- facts: The R claimed the A had
withdrawn support from their land
when the A mining work caused
damage to their land. The issue was
whether the A were under a legal
obligation to support the R land.

7. Land Law 1
- held: The A were not liable as the land had
already been excavated before the A began
occupying it.
- Right to sue for loss of right of support only
arises when existing natural support from the
adjoining land is lost or interfered with. A person
can only be sued where his actions or omissions
result in the loss of or damage to support
- The right of support imposes a negative duty not
to cause withdrawal of support to the adjoining
land, NOT a positive duty for the owner to
provide support to the other adjacent land.
- c) right of access to foreshore, river, or
public place
- a right acquired through contract between
parties
- to pass and re-pass over someone’s land or
as a natural right
- Section 45: Subsidiary rights (limited rights)
- Rights to:
- a) extract rock material
- b) fell, clear, destroy, or use any forest reserve
- c) extract any metal or material
- case: Corbet v Hill
“at CL, the owner of the land is the owner of
everything…to the centre of the earth”
- Section 40(b) : mineral, rock material, and forest
produce are property of the State.
- State ownership does not pass to:
- the proprietor upon alienation
- the lessee upon lease of reserved land
- the holder upon issuance of TOL
- Section 42(1)(d) : SA has powers to issue permit to
extract, remove and transport rock material
(Sections 70-75)
- Section 45(1) : Proprietor, lessee, and TOL holder
shall be entitled to:
- a) to extract, move or use within the boundaries of
land any rock material in or upon the land
- b) to fell, clear, destroy or use within the
boundaries any forest produce thereon.
- Section 45(2): Such rights of a proprietor, lessee, or
license holder do not extend to:
- (a) Extraction of metal and minerals from rock
materials
- (b) Removal of rock materials and forest produce
from the boundaries of their land
- Subject however:
- They have obtained a permit or license from
the State Authority to remove the rock
materials from its boundaries.
- They have obtained a permit or license from
the Forestry Department to remove forest
produce from its boundaries.
- They have been granted the necessary
mining license from the Mining Department to
extract metal and minerals from rock
materials.
Disposal
- a) Alienation
- Process
- 1) Application for the land
- Section 42(a): State Authority has the
power to alienate State land in accordance
with the provisions set out in Section 76 of
the same Act
- Section 76: meaning of alienation -governs
that alienation of State land shall consist of
disposal by State Authority for a term not
exceeding 99 years, in perpetuity, in
consideration of the payment of annual rent,
and in consideration, unless the State
Authority thinks fit to exempt therefrom in
any particular case, of the payment of a
premium, subject to category of land use,
and subject to condition and restriction in
interest.
- 2) Approval stage and conditions to be
imposed by SA
- The State Authority will decide whether or
not to approve the application.
- If approved, the State Authority will
determine the matters listed under Section
79(2)
- 3) Payment of land revenue
- Section 5: defines land revenue - every
sum due to the State Authority which can
either be a premium or rent payable in
respect of the alienated land, or fees under
any licence or permit relating to land and
payment of land revenue must take place
before alienation comes into effect
- Section 81: provides items of land revenue
payable on approval. Approval for alienation
is subject to payment of land revenue. At the
time when the State Authority approves the
alienation, the sums under Section 81(1) of
the same Act shall become due.
- The following items of land revenue
consists of first year’s annual rent,
premium if any, amount of any survey
fees, fees for preparation and

8. Land Law 1
registration of document of qualified title
and final title
- Section 81(2): Land Administrator shall require
the applicant to pay the sums due within the time
specified in a notice in Form 5A.
- Failure to pay the sum due within the time limit
will cause the approval by State Authority to the
alienation to lapse.
- case: Teh Bee v K Maruthamuthu
- facts: the appellant was the registered
proprietress of the land claimed possession of
the land when the respondent refused to leave
the said land. The respondent then claimed
compensation for the buildings that he had
erected during his occupation on the land and
resisted the claim of the appellant, on the
ground that the qualified title of registered in
the name of the appellant was null and void as
the approval of alienation of the land to her has
lapsed and therefore it was ultra vires of the
State Authority to alienate the land to her.
- held: on the payment of premium made by the
appellant to the State Authority had given fresh
approval for the alienation of land to her. The
Register Document of Title was in the name of
the appellant was a conclusive evidence that
the tutle of the land vested in the appellant.
Therefore, a TOL holder who has no equitable
or legal rights over the land are not entitled to
any compensation for any expenses he has
incurred over the land during the period of his
occupation.
- 4) Survey for issuance of title
- Before title can be issued to the applicant,
the land must first be surveyed.
- Section 83(1): The State Authority will
conduct a survey to determine the
boundaries of the land in accordance with
Sec. 396.
- The survey is carried by a Survey Officer
appointed under the NLC or by a
licensed surveyor registered under the
Licensed Land Surveyors Act 1958.
- The area of the land for alienation at the
time of the approval is provisional, in that it
is not definite and is only temporary.
- After a survey has been conducted, the
area of the land may become smaller or
larger.
- Area should as near may be with what is
stated in the plan and description to
which been approved.
- Section 83(3): If the Director of Survey and
Mapping is satisfied that the area after the
survey is substantially different from that
provisionally approved for alienation, he
will:
- Refer the matter the State Authority
- Cause the boundaries of the land to be
re-determined
- Section 83(4): A proprietor cannot take
action against the State Authority if the area
alienated is smaller from that provisionally
approved.
- case: Yap Lai Yoke v Chin Fook Wah
- facts: A proprietor claimed that the
defendant had unlawfully encroached his
land. The defence raised was that the area
stated in the title differed from what was
originally approved.
- held: The effect of the survey was that the
boundaries of the land after the survey were
conclusive. The defendant had no right to
extend his building onto another’s land to
make up for the land he lost and use that as
an excuse for encroaching someone else’s
land.
- Section 84: Land revenue (when approved)
was computed:
- Based on area temporarily approved
- Before the survey
- After the survey, actual land area is
determined, it may differ
- If land becomes smaller, means land
revenue may be overpaid, SA will refund
accordingly,
- If land becomes bigger land, revenue is
underpaid, SA will add to rental next due.
- 5) Preparation of title
- Section 77(1): After payment of land
revenue has been made, the SA will
determine what form of title to be issued
either:
- a) Qualified Title
- Has not been surveyed - Section
77(2)(a)
- Section 5: QT – title issued in
advance of survey
- SA may first issue QT before FT
- Land area is not final/is provisional
- The land is not capable of being
subdivided, partitioned, and
amalgamated.
- Proprietor has the power to lease,
charge or transfer the land.
- b) Final Title
- After the survey is done
- SA will determine what forms of final
title to be issued
- Section 77(3)(a): Registry Title for
town or village land, any country land
exceeding 4 hectares, and any part of
the foreshore or sea-bed.
- Section 77(3)(b): Land Office Title
for country land not exceeding 4
hectares.
- After determining the form of final title, regardless of
which is issued, the State Authority must prepare two
forms of document of title.
- Register Document of Title: Documents
evidencing title to land
- Issue Document of Title: A copy of, or an extract
from, the RDT issued to the proprietor
- Section 86: Form of documents for Registry Title
- Prepared by the Registrar
- RDT shall include:
- A grant in Form 5B if the term of alienation is in
perpetuity

9. Land Law 1
- A State lease in Form 5C if the term of
alienation is for 99 years or less
- A plan of the land certified by the Director of
Survey
- IDT shall include:
- A copy of the RDT
- A plan of the land certified by the Director of
Survey
- Section 87: Form of documents for Land Office Title
- Prepared by the Land Administrator
- RDT shall include:
- A Mukim grant in Form 5D if the term of
alienation is in perpetuity
- A Mukim lease in Form 5E if the term of
alienation is for 99 years or less
- A plan of the land certified by the Director of
Survey
- IDT shall include:
- A copy of the RDT
- A plan of the land certified by the Director of
Survey
- 6) Registration
- Section 85: the register and issue of
documents of title.
- Section 88: the registration of register
documents of title.
- Where it states that registration consists
of authentication or signed and seal of
the Registrar or Land Administrator on
the RDT.
- Registration of title is based on Section
78(3): land title will only be issued by the
State Authority through the process of
alienation and the alienation will only take
effect upon registration of RDT. Even
though alienation has been approved, it
remains state land until registration is
completed.
- case: Dr Ti Teow Siew & Ors v Pendaftar
Geran-Geran Tanah Negeri Selangor
- facts: the land was alienated to the first
applicant. There was stated that the title
being endorsed with restriction in interest,
“The land hereby leased shall not be
transferred or leased for a period of 15
years without consent of the Ruler in
Council.” It was also stated the title
particulars, which was it will commence
from August 18, 1964. The respondent
relied on the calculation that the period of 15
years commenced from 9 November 1967,
being the date that the alienation of land
registered after full payment. The
respondent also relied on Section 78(3) of
the NLC and stated that the date of
registration being 9 November 1967 the
period of 15 years has not ended.
- held: Section 78(3) determines when an
alienation of state land shall take effect and
it is clear from the subsection that alienation
takes effect upon registration and the date
of the registration should be 9 November
1967.
- case: Piagamas Maju Sdn Bhd v Pengarah
Tanah dan Galian Negeri Selangor & Anor
and Other Appeals
- facts: Piagamas Maju Sdn Bhd owned 116
acres of land in Kampung Kelinsing and
Kampung Jambu, Mukim Dengkil, Daerah
Sepang, Negeri Selangor. The application
made by them on the alienation of land was
approved by Selangor State Authority and
was asked to pay premium and quitrent for
the first year by Pejabat Tanah Sepang.
They were supposed to get their registration
of the title of the land done but failed under
Section 88 of the NLC. Pentadbir Tanah
Sepang informed them that Majlis
Mesyuarat Kerajan Negeri Selangor has
rejected their application on alienation of the
land as there was an objection by the Orang
Asli which occupied part of the said land.
Piagamas Maju Sdn Bhd appealed to the
Court of Appeal, as to the power of Majlis
Mesyuarat Kerajaan Negeri Selangor and
the State Authority to cancel the approval
even after the premium had been paid
- held: alienation of land is effective only upon
registration and until such registration the
said land remains state land although its
alienation has been approved by the State
Authority
- Effect of registration
- Sections 89, 92 and 340
Trespass
- Section 425(1)(a): any person who without lawful
authority occupies or erect building on state land
shall be guilty of an offence and liable on conviction
to a fine not exceeding five hundred thousand ringgit,
or imprisonment for a term not exceeding five years
or both.
- b) Reservation & Lease of reserved land
- Section 42: One of the powers of SA is to reserve
any State Land and grant leases of reserved land
- Section 62(1): For public purposes, eg. Hospital,
roads, schools, police station etc
- Process
- 1) Notification in a gazette
- Section 62(1) and (2)
- Description of land
- Description of purpose
- Designate/appoint officer who has
control
- Will be a conclusive evidence
- 2) Notification shall be published
- Section 62(3): The notification shall be
published in accordance with Sec. 433.
- Section 433: Where to publish:
- On the reserved land
- Penghulu’s office or balai in the area
where the reserved land is situated
- Court, mosque, market or other public
places
- Newspaper, if the SA thinks fit
- Section 62(4)(a): RL cannot be disposed
- Section 62(4)(b): RL cannot be used for other
purposes

10. Land Law 1
- Reserved land cannot be alienated, unless it has
been revoked from its reserved status and
becomes State land.
- What can the SA do to RL?
- Section 63(1): State Authority may grant a
lease wholly or only for a part of the reserved
land that is not in used for any period not
exceeding 21 years
- Section 62(4)(b): grant TOL, permit to remove
rock material, or permit to use air space (if the
land is no used for which it was reserved)
- Who can apply and how?
- Section 63(1)
- An application may be made to the State
Authority by the officer in charge of the
reserved land
- An application may be made by a person or
body directly to the State Authority after
obtaining the consent of the officer in charge of
the reserved land
- Section 63(2): Any lease granted shall be in
form 4AA and may be subject to conditions
- Can the RL be revoked?
- Section 64(1): The reservation of any land
may be revoked, either wholly or partly, by the
State Authority at any time.
- How?
- Section 64(2): The revocation shall be done
through a notice of proposal to revoke
published in the Gazette.
- State Authority will hold an inquiry to hear any
objections that may be made before decided
whether or not to revoke the reservation.
- Section 64(3): Notice of revocation shall be
published in accordance with Sec. 433.
- After revocation, the land will become State
land.
- Section 64(4): Any lease of reserved land
subsisting at the time of the revocation shall
continue despite the revocation of reserved
land.
- case: Government of Negeri Sembilan v Yap
Chong Lan, the court ruled that the provisions
of Sec. 64 are a mandatory requirement which
necessitates compliance before a reservation
of a State land may be rescinded. The
reservation of State land can be revoked at any
time, even retrospectively.
- c) Temporary Occupation License
- Section 42(1)(c): SA has the power to permit
the occupation of SL, Rl, and ML under TOL
issued in accordance with the provision of
Secs. 65 – 69.
- Section 65(1): SA may permit TOL of SL, ML
(not for the time being used), RL (not for the
time being used)
- Section 65(2): TOL may be issued for any
purpose but not for purposes prohibited under
Sec. 42(2)
- Who issues TOL on behalf of SA
- Section 66(1)
- (a) SL – LA
- (b) ML – LA with approval of Director of
Mines/officers in charge of mineral
development or approval of the person
entitled to the benefit of ML
- (c) RL – LA with the approval of officer in
charge of the reserve land or by that
officer himself if he is so authorised by
SA.
- Section 66(2): LA is not authorised to issue
TOL in respect of any river/lake/spring
- Duration
- Section 67(1): TOL is issued for a term not
later than the end of the calendar year in
which it commences.
- Conditions
- Section 67(2): Every is subjected to the
conditions stated in the said licence, must
be consistent with any other conditions that
may be prescribed, and the purpose of the
TOL granted is prescribed in the relevant
form.
- Renewal of the license
- Section 67(3): TOL holder may apply for
renewal to the LA in which upon application,
he may renew the term of licence not > 1
calendar year.
- Proviso: there should not be > 3 renewals
unless a prior written approval from the SA
was obtained.
- Section 67(4): Every TOL shall be in the
statutory Form 4A, if renewed, licence will
be endorsed with such renewal and the date
of its intended expiry.
- TOL not capable of transfer
- Section 68: Upon the death of the TOL
holder or the dissolution of the company, the
licence shall terminate, unless there has
been a substitution of the licence holder
under Sec. 416, where an application had
been made by the present holder in Form
30C to the Registrar prior to the death or
dissolution of the company.
- case: Papoo v Veeriah
- facts: The widow of the deceased TOL
holder applied for an order to transfer to
her name as sole beneficiary of the estate
of the deceased consisting of a house built
on TOL land during the husband’s lifetime.
- held: No TOL land shall be transferable.
TOL can never form part of the deceased’s
assets. It is not part of the estate and cannot
be transmitted through the will of the
testator.
- Deposit
- Section 68A: A TOL holder may be
required to deposit a sum of money as the
LA considers reasonable as security for the
rehabilitation of the land upon the
termination of the licence.
- Combined TOL and permit to extract rock
material
- Section 69
- The purpose of TOL issued may include
the extraction and removal of rock
material

11. Land Law 1
- Shall be in Form 4B an issued for a
maximum term of 5 years or > as may be
prescribed
- The TOL shall be deemed to constitute a
permit validly issued
- Rights and obligations of TOL holder
- 1) To pay annual fee
- 2) To pay deposit, if required
- 3) To apply for renewal, no automatic
renewal
- case: Teh Bee v K Maruthamuthu, TOL
holder has no legal or equitable rights
over the land he occupies. It is temporary
in nature and may occupy from year to
year if his license is renewed annually
but there is no obligation on the part of
authorities to grant renewal of TOL for
subsequent year.
- 4) TOL holder can sue trespasser
- Although a TOL holder does not have a
proprietary right to the land, he has an
exclusive possessory right which
enables him to bring an action in
trespass
- case: Julaika Bivi v Mydin
- facts: At the time the plaintiff was granted
the licence, the defendant was in
possession of part of the house with the
consent of the previous TOL holder. The
plaintiff then took an action in trespass in
tort against the defendant.
- held: The action was maintainable
against the defendant, and that an action
for ejectment in tort will lie at the instance
of a TOL holder against a trespasser.
CONTRAST
- case: Mohamed v Kunji Mohidin,
where TOLs for different purposes, but
on the same land, were issued to two
different holders, it was ruled that one
TOL holder cannot then take an action
against the other for trespass.
- 5) A holder of the license is not allowed to
assign his TOL as it merely confers a
personal right to the holder
- Section 68: A TOL is not capable of
assignment.
- A TOL confers a personal right upon the
holder, thus any transaction amounting
to a transfer or assignment of any rights
under the licence is null and void.
- case: Hee Cheng v Krishnan: An
attempt to sell and purchase the
defendant’s rights under the licence
under a contract was held to be unlawful,
whereby if allowed it would defeat the
purpose of Rule 41 in the former FMS
Land Rules 1930 which provided that ‘no
licence for the temporary occupation of
State land shall be transferable’.
- Federal Court in Paruvathy v Krishnan:
The licence is not a right in rem which its
holder can deal with as he pleases to the
detriment of the State Authority. Thus,
any assignment or arrangement to
transfer or assign the whole or any part
of the licensed land will
- 6) TOL holder is allowed to rent his house
built on his TOL land
- A TOL holder may deal with his licence
in any way so long as such transaction
does not amount to an assignment of
the licence
- case: Govindaraju v Krishnan
- facts: The appellant rented out two
rooms at a monthly rent of $30 to the
respondent, and when the appellant
terminated the tenancy, the respondent
refused to vacate the rooms and argued
that the tenancy was void as the
appellant was only a TOL holder.
- held: The letting of rooms on a premise
built on TOL land did not amount to a
transfer of the TOL, and was therefore,
permissible. Thus, the respondent was a
trespasser as the tenancy had been
lawfully terminated.
- 7) TOL will terminate on the death of the
person holder or dissolution o the
company/body (Sec.68)
- case: Papoo v Veeriah
- facts: The widow of the deceased TOL
holder applied for an order to transfer to
her name as sole beneficiary of the
estate of the deceased consisting of a
house built on TOL land during the
husband’s lifetime.
- held: No TOL land shall be transferable.
TOL can never form part of the
deceased’s assets. It is not part of the
estate and cannot be transmitted
through the will of the testator.
- 8) A holder of the license is not entitled to
any compensation upon termination of TOL
- case: Teh Bee v K Maruthamuthu
- facts:
- held:
- 9) A TOL holder is a trespasser if he did not
leave the land upon termination of the
licence
- case: PP v Yap Tai
- facts: A TOL holder refused to vacate the
land after termination of his licence
- held: he was a trespasser. SA has to give
sufficient notice for him to vacate and
remove his belongings.
- Section 47(1): on determination of TOL, all
building on the land shall vest on the SA,
except for temporary construction capable of
removal.
- TOL may be cancelled:
- If there is breach of provision of TOL
(without compensation)
- At any time before the date of expiry (upon
payment of compensation agreed upon in
accordance with Sec. 434)

12. Land Law 1
- d) Permit to extract & remove rock material
- Section 70: SA will grant the permit to extract,
removal and transport of any rock material from
state land, alienated land, mining land and
reserved land
- Section 71: who can issue permit on behalf of the
State Authority:
- SL – LA, AL – LA to the proprietor of the land
or with the consent of the proprietor to any
other person or body, ML – LA w/ approval of
Director of Mines or other officer related to
mineral development matter, RL – LA w/
approval of controlling officer of that reserved
land
- Durations & Conditions
- Section 72: Each permit to extract, remove
and transport rock material is issued in Form
4C for a term not later than the end of the
calendar year in which it commences.
- Transfer upon assignment/on death
- Section 73: permit to extract, transfer or
remove rock material is not capable of transfer
or transmission on death.
- case: Marble Terrazo Sdn. Bhd v Anggaran
Enterprise Sdn. Bhd. & Ors, the issue is
whether a permit is capable to be transfer to
someone else other than the registered
proprietor of the land. Tun Abdul Hamid FCJ
states the act of transferring the permit to
somebody else is prohibited according to
Section 73 of National Land Code.
- Requirement to pay deposit
- Section 74: as a security for the due
performance and observance of the provisions
to which the permit is subject and for the
rehabilitation of land
- Effects of permits on conditions affecting the
land
- Section 75: If the land is subject to any
condition imposed by the NLC, any law relating
to mining or any other written law, the act of
doing anything authorized under the permit
shall not be taken to constitute a breach of
such condition.
- e) Permit to Use Air Space above State Land and
Reserved Land
- Section 75A: The State Authority has power to
issue a permit for the purpose of erecting,
maintaining and occupying a structure on or over
State land or reserved land.
- If reserved land is involved, consent from the
officer in charge must be obtained
- Process to apply
- Section 75B(1): Applications are to be made
in a prescribed form addressed to the Land
Administrator and accompanied by
- A prescribed fee
- Details of the structure to be erected and a
plan approved by the planning authority
- If the structure is to be erected on or over
reserved land, the application must be
accompanied with a letter of consent
from the officer in charge.
- Section 75B(2): Once the State Authority is
satisfied, the application will be approved.
- Section 75C: Upon approval of the
application, the Land Administrator will issue a
permit in Form 4D
- Conditions of permit
- Section 75D: Permits shall be issued subject
to a payment of annual fee and other terms that
may be specified.
- Section 75E: Permits are not capable of
assignment except with the consent of the
State Authority.
- Section 75F: The Land Administrator may be
directed by the State Authority to ask for a
payment of deposit as a security for the permit.
- Power to cancel permits
- Section 75G(1): Once there is a breach of any
rule, term or condition, the State Authority may
cancel the permit issued immediately without
compensating the permit holder, and any
deposit made will be forfeited.
- Section 75G(2): A permit may be cancelled
before expiry of the term at SA discretion even
if there’s no breach occurred.
- Section 75G(3): If the State Authority, at its
discretion, cancels the permit any time before
its expiry date, the permit holder will be
compensated.

13. Land Law 1
Classification of Land Use
- Location of a particular piece of land
- Section 51(1): Land shall be classified as
- Land above the shore-line
- Foreshore and sea-bed
- Section 51(2): Land above the shore-line shall be
divided into three classifications
- Town land (Registry Title)
- Village land (Registry Title)
- Country land (Land Office)
Category of Land Use
- The nature of the use (activities) of the land as
allowed under the NLC.
- Section 79(2): At the time the State Authority
approves the alienation of land, it shall determine
- (f) The category of land use
- (g) The express conditions and restrictions in
interest imposed
- Section 52(1): There shall be three categories of
land use, namely agriculture, building, industry.
Where any land is alienated
- (a) The State Authority must endorse on the
document of title one of those categories.
- Section 120: The State Authority may impose
conditions and restrictions in interest as it may think
fit and endorse such conditions and restrictions in the
document of title.
Conditions
- Section 79(2)(g): When SA alienates land to a
proprietor, SA shall impose a condition which is
endorsed to the title
- Sections 5 & 103: Conditions
- Does not include restriction in interest
- Does not include any condition expressed/implied
in any agreement where SA is not a party
- Proprietor must observe and comply with the
condition imposed by the SA
- Scope of conditions
- Section 103(1)
- (a): condition ‘requires continuous
performance’
- that requires the proprietor to do or restrain
from doing.
- Proprietor is to comply condition
continuously.
- (b): condition ‘is subject to a fixed term’
- requires the proprietor to do any act or to
refrain from doing any act within a specified
period
- Section 52(1)(b): SA may specify the conditions
that attached to the alienated land to include:
- (i) The express conditions imposed
- Section 121(1) for agriculture land, the
express conditions imposed may be to
- Require cultivation
- Prohibit cultivation
- Fix the dates in any year on or before any
agricultural activity begins or is
completed
- Limit the maximum volume of the area of
the land which may be occupied by
dwelling houses and other buildings
- Section 122 for building and industry, the
express conditions imposed may be to
determine
- The area of land to be built upon
- The type, design, height and structure of
any building and the type and quality of
materials to be used
- The dates to begin or complete
construction
- The use of any building
- (ii) The implied conditions applicable
- Section 115(1) for agriculture
- (a) No building shall be erected other
than those to be used for one or more
purposes specified under sub-section (4)
- (d) That the area of the land shall be
maintained in good condition
- (e) That the area of the land shall be
continuously cultivated
- Section 116(1) for building
- (a) A building suitable for use for one or
more of the purposes specified under sub-
section (4) shall be erected
- (b) No part of the land shall be used for
agricultural or industrial purposes
- (c) Every building on the land shall be
maintained in repair
- (d) No building shall be demolished, altered
or extended without prior written consent of
the authority
- Section 117(1) for industry
- (a) The land shall only be used for industrial
purposes
- (b) Industry shall commence operations
within three years and all buildings shall be
maintained in repair
- (c) No building shall be demolished, altered
or extended without prior written consent of
the authority
Restriction in Interest (RII)
- Section 5: limitation imposed by SA when it
approves alienation
- Effect: limit rights of proprietor to deal with his land
- So, if proprietor wishes to transfer, lease, or charge
his land, he must first get consent from the SA
- If consent is not obtained by the proprietor to deal
with the land, the transaction shall be void and could
not be registered.
- RII will be endorsed on the title (RDT and IDT)
- case: Wong Kim Swee v Tham Hock Cham
- The restriction was that “the land upon which the
building stood could not be transferred, leased,
tenanted, charged or otherwise disposed of without
the written approval of the Collector of Land Revenue
for a period of 10 years from the date of registration
of the title. ”Therefore, an agreement for a lease
executed without a written approval of the Collector
of Land Revenue in this case was held by the court
to be incapable of registration as it was in breach of
the Code.

14. Land Law 1
- case: Chin Tai v Siow Shiow & Ors: The restriction
endorsed on the issue document of title stated that
“The land hereby alienated shall not be transferred,
charged or leased for a period of 10 years, except
with the express permission in writing of the Collector
of Land Revenue, Jelebu.” Therefore, a transfer in
favour of the purchaser was held by the Federal
Court to be incapable of registration unless the
permission of the Collector of Land Revenue was
obtained since the title to the land contained a
restriction requiring such consent
- Section 104: All conditions and restrictions in interest
imposed shall bind the proprietor and anyone
claiming interest in the land.
- Section 105(1) & (2): All conditions and restrictions
in interest imposed shall commence to run from the
date of alienation of the land and shall continue in
force until the land is reverted to the State Authority.
- case: Dr Ti Teow Siew
- facts: The applicant in this case contended that in
determining the commencement of the date of the
restriction in interest, it is unnecessary to look into
the question of registration
- held: In disagreeing with the applicant, it was ruled
that since registration is the cornerstone of the
Torrens System, it is imperative to look at the date
at which the alienation of the said land was
registered. Therefore, Section 105(1) must be
read together with Section 78(3) on how alienation
is effected, in order to give a proper interpretation
as to when the period of restriction in interest
begins to run.
Power of SA to vary the condition
- Section 124(1): The proprietor of any alienated land
may apply to the State Authority to vary conditions,
restrictions in interest or the category of land use.
- Provided that every person having a registered
interest in the land, or in occupation of any part of
the land, has consented to the application for
variation.
- Provided that any rent due has been paid.
- Section 124(5): In approving the alteration or
variation, the SA may impose:
- Payment of a further premium
- Payment of other charges
- Rate of a new rent
- Compliance with other requirements as the SA
may think fit
- case: Pengarah Tanah Galian, WP v Sri Lempah
Enterprise
- facts: The respondents applied for a subdivision and
conversion in order to develop a piece of land
granted in perpetuity. In response, a counter
proposal was made that the respondents should
surrender their perpetuity title to the State in return
for a 99-year leasehold and the approval of their
applications.
- held: The State Authority has no power to compel the
proprietor to surrender its freehold title. The
discretion of the State Authority to impose such
conditions as it may think fit is not unfettered. The
conditions imposed must be fair, reasonable and
related to the permitted development of the land.
- case: Cayman Development v Mohd Saad Long &
Anor
- facts: The applicant wanted to develop a piece of
land under the category of agriculture, and thus
applied for conversion from “agriculture” to “building”.
The State Authority, in approving the application,
imposed a requirement that all low-cost houses built
were to be sold to the public at a 5% discount of the
price of RM25,000.
- held: The State Authority has no such power under
Sec. 124(5) and had acted ultra vires the NLC in
imposing such a requirement
- Section 124(7): Upon approval by SA, LA shall sign
Form 7C and present it to the Registrar
- Registrar will make an entry on the RDT and IDT
to the land and authenticate the same under his
hand and seal
Breach of conditions
- Section 125(1): A breach of condition requiring
continuous performance shall arise and continue so
long as the condition is not complied with
- Section 125(2): A breach of condition subject to a
fixed term arises
- For an act required to be done: upon the expiry of
the time specified
- For an act required to be refrained: upon the doing
of that act
- case: Collector of Land Revenue Johor Bahru v
South Malaysia Industries
- facts: the respondents had been granted a 60-year
lease of an industrial lot and six express conditions
were endorsed on the qualified title, which required
them to use the land solely for the erection of a
factory and light industry-related process. However,
the respondents sub-leased part of the premise to a
urea company for storing its industrial chemicals and
fertilisers. The appellants commenced forfeiture
proceedings for breach of express conditions.
- held: In allowing the appeal, Raja Azlan Shah J
decided that the use of the factory premise for storing
industrial chemicals and fertilizers is inconsistent with
the express conditions imposed.
- case: Lam Eng Rubber Factory v State Director,
Kedah
- facts: The express condition imposed was that the
land would be used for a rubber estate only. A rubber
processing factory built on the land and the State
Authority claimed that the condition was breached.
- held: The setting up of the factory to process rubber
was necessary and incidental to a rubber estate and
did not amount to a breach of condition
Effect of failure to comply
- Section 127(1)(a): Land will be forfeited
- Section 129 (1)(a): the land administrator is of an
opinion that the implementation of section 128 would
not suffice
- Section 129(1)(b): when the proprietor of the land
fails to comply with the action of section 128 taken
against him.
- Whichever two of the circumstances falls upon the
proprietor, as stipulated in section 129(2), he shall be
served with a notice in Form 7B.
- Form 7B: the form acts as a notice to show cause in
event of a breach of condition to the proprietor of the
land and a notice to show cause mandates a party to

15. Land Law 1
produce satisfactory grounds for exemption from a
punishment or penalty.
- The copies of Form 7B will be served to those
whom notices relating to rent are required to be
served by subsection 98(1) in proviso with section
129(2)(b). These people amongst others as
provided in section 98(1)(c) include any person
under any tenancy exempt from registration
protected under an endorsement on the register
document of title to the land.
Action to be taken by LA when there is breach
- Look at chart
Process of summary action to remedy breach
before forfeiture process
- Look at chart
Rent
- Section 5: Any annual sum payable to the State
Authority
- Section 93: The sum shall be a debt due to State
Authority if it is not paid.
- Section 81: Payment of land revenue (including rent)
is a condition of alienation
When is rent due & in arrears
- Section 94(1): Rent shall be payable from the
beginning of the calendar year in which the land is
alienated OR if it is alienated after the end of
September that year, as from the beginning of the
following calendar year.
- Section 94(2): Rent shall fall due in full on 1
st
day of
that year. If not paid until end of May, rent will be in
arrear starting from 1
st
June of that year.
- 1/1/2017 – 31/5/2017 – due
- Effect: If the rent becomes due, then rent shall
be paid in its actual amount for that year. Once
paid or within that period of time, SA has no
right to issue letter of demand.
- 1/6/2017 – 31/12/2017 – in arrear
- Effect: If rent becomes in arrear, owner need to
pay actual amount of rent + penalty. SA has the
rights to send letter of demand.
- Section 95: at the office of LA or any other place as
the LA may deem fit or other place or through a
person or body approved by SA.
Computation of Rents
- Section 96: Different rate applies depending on inter
alia, classification of land, different categories of land
use, area of the land
- Section 96A: Rent of land with subdivided building
- Section 93: Section 96 is not applicable for property
fall within the purview of Part IVA of the Strata Titles
Act 1985. Rate of rent payable is provided for by each
state under Land Rules.
Failure to pay rent
- Section 97(1): if rent is in arrear notice in Form 6A
will be served to the proprietor.
- case: Pow Hing & Anor v Register of Titles
Malacca
- facts: the appellant found an undated and unsigned
entry that Form 6A had been issued. Form 6A had
been issued to the proprietor for arrears of land rent,
but there was no compliance with Sec. 97(2)
- held: The endorsement is a mandatory procedure,
and not merely directory. Hence, since there was no
compliance of S. 97, the purported forfeiture was
invalid.
Rights of other person to pay rent
- Section 98(1): The sum demanded through the
notice in Form 6A may be paid by any person or body
other than the proprietor. (When the notice in Form
6A is served upon the proprietor, it also applies to
those who have an interest in the land.)
- Section 98(3): Any sum paid by any person or body
other than the proprietor shall be recoverable through
civil action, or is such person is the lessee, sub-
lessee or tenant, it shall be recovered through a
deduction from any rent payable to the proprietor.
Effect of payment of sum demand
- Section 99: Payment of the sum demanded within
the stipulated time will cause the notice in Form 6A
to cease to have effect and the note endorsed on the
RDT will be cancelled by the Land Administrator.
Forfeiture
- Section 100: The Land Administrator shall not
accept any amount lesser than that stated in Form
6A. If the proprietor fails to pay the full amount after
the expiry period stated in the notice, the Land
Administrator may by order declare for the land to be
forfeited to the State Authority.
Revision of Rent
- Section 101: The State Authority has the power to
revise the rents from time to time.
- After revision is made, the rent payable may be
increased or reduced.
- Any improvements made on the land shall not be
taken into account in revising the rent payable.
- Once revision is made, the Registrar or LA shall:
- Amend the amount of rent endorsed on the
RDT by substituting the revised rent
- Note the date such amendment is made and
authenticate the amendment under his hand
and seal.

16. Land Law 1
Subdivision, Partition & Amalgamation
- Section 92(2): After registration of title, the proprietor
of a final title has the right to subdivide, partition and
amalgamate the land
Subdivision
- it is a process of breaking up of an alienated land held
under a final title.
- Held under a single title into 2 > portions
- each land to be held by the same proprietor or co-
proprietors
Who can apply?
- Sections 135(1): the registered proprietor of
alienated land held under:
- Registry or Land Office Title
- The land (held under Registry or Land Office title)
is a FT or QT in continuation of earlier final title
can apply for subdivision
- Case: Lee Chuan Tuan v Commissioner of
Lands & Mines: Unless provided for by a power
of attorney, a lessee, not being the registered
proprietor, is not empowered to apply for the
subdivision of the leased land.
Who approve?
- Section 135(2): Subject to any other direction by SA:
- RT – State Director
- LOT – LA
Effect
- 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
- Upon completion of the subdivision, portions will be
held under separate titles.
Conditions to comply
- Section 136: Subdivision shall only be approved if
the following conditions are satisfied:
- 1) Subdivision would not contravene any RII to
which the land is subject
- 2) Subdivision would not contravene any other
written law and if there is any requirement to be
complied with by such law, the same have been
complied with
- 3) Approval from the planning authority has been
obtained
- 4) Subdivision would not be contrary to any state
plan for development of that area
- 5) If the land is subject to item 3 above, then the
subdivision has consent from any body/authority
specified by the SA, if any
- 6) Proprietor must agree to surrender certain part
of the land to be used for public purpose, if any
- 7) No outstanding in any item of land revenue
- 8) Any person/body who has registered interest on
that land has consented in writing to the
application of subdivision
- 9) There Is road access for each subdivided lot
How to apply?
- Section 137: Application in writing to the LA in Form
9A and shall be accompanied by:
- a) Prescribed fees,
- b) A plan of land which includes detail of
subdivision and such number of copies required
- c) Consent from other relevant authority (as
described in (S. 316(c))
- d) Consent from person/body having interest in
the land (S. 136(e))
- Section 137(2): Upon receiving the application,
the LA shall make an endorsement on the RDT.
Approval
- Section 138(1): If the applications involved an
approval from the State Director, the Land
Administrator will refer the application to the State
Director together with his recommendations.
- Section 138(2): If all the conditions are satisfied, or
if a request for modification has been attended to, the
Land Administrator or State Director shall approve
the application.
- Section 138(4): Upon approval, the Land
Administrator will notify the proprietor of the approval
and request for payment of the survey fees and fees
for the preparation and registration of final title to the
sub-divisional lots within a specified time.
- Section 138(5): If the application is rejected, the
Land Administrator shall notify the proprietor and
cancel the note endorsed on the RDT.
Issuance of Title
- Section 139(1): Once survey is done, the final title
for each portion of land subdivided will be issued.
- Section 139(2): If the proprietor applied for the
issuance of qualified titles for each portion of land
subdivided, then qualified titles will be issued.
Partition
- dividing of land into portions so that each co-
proprietor has a separate title to that portion.
- The portion of land owned by each proprietor is
proportionate to his undivided share of the land.
Who can apply?
- Section 140(1): Any two or more co-proprietors of
alienated land held under a final title and under a
Registry or Land Office Title may apply for partition
of the land.
Who can approve?
- Section 140(2): subject to any other direction by SA
- RT – State Director
- LoT – LA
Effect:
- Existing title is no longer effective
- Land will be divided into more than 1 portion
- Co-proprietorship will terminate
- Each co-proprietor will have his own separate title
Conditions for Approval
- Section 141: application shall only be approved by
SD or LA if:
- Each of the co-proprietor has either joints in or
consent to the application
- The area will reflect the proportion referred to in
the original final title
- Compliance with conditions as imposed in S.
136(1)
- Section 141A: A co-proprietor holding the majority of
shares in the land may apply for partition and is not
required to obtain the consent of other co-proprietors.
How to apply?

17. Land Law 1
- Section 142(1): An application for partition must be
made in writing to the Land Administrator in Form 9B
and must be accompanied by the other matters
listed.
- Section 142(2): Upon receiving the application, the
Land Administrator shall make an endorsement on
the RDT.
- Section 142(3): If the application was made by the
co-proprietor holding the majority shares, the Land
Administrator shall notify the other co-proprietors for
any objection to be made within 28 days.
- Section 142(4): After 28 days, if there are no
objections, the application may be approved. If there
are objections, the Land Administrator shall notify the
applicant and other co- proprietors that an enquiry
will be held at a specific time and place
- Section 143: Powers of Land Administrator or State
Director in approving or rejecting the application for
partition. (Similar as in subdivision: Sec. 138)
- Section 144: Once partition is complete, a final title
will be issued for each portion.
- Section 145(1): Where any of the co-proprietors are
unable to agree to partition, those wishing to do so
may apply to the High Court for an order to partition.
The court may then order for the co-proprietorship to
be terminated.
- Section 145(2): The court may order
- For the shares for those wishing to partition to be
transferred to those who do not wish to partition
subject to compensation to the paid by the latter
to the other co-proprietors.
- For the land to be sold and the proceeds to be
shared according to the shareholding of each co-
proprietor.
When to refer to court:
- If 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.
- case: Ku Yan bte Ku Abdullah v Ku Idris bin Ku
Ahmad, S. 141A does not compel a co-proprietor
holding the majority share in a piece of land to apply
to the LA for approval to partition the land; it is merely
a permissive section
- case: Subramaniam & Ors. V Inderjit Kaur d/o
Karnail Singh & Anor, S. 145(1)(a) is where minority
holders intend to apply to the LA for partition but one
of the co-proprietor refused to consent to it. Then,
minority may apply to court under S. 145(1)(a). Thus,
applicant must first satisfy the court that he did not
get the co-operation of the co-proprietors.
Amalgamation
- combination of 2 or > contiguous/adjoining lots of
alienated land.
- The lands are held under 2 or > separate titles.
- When combined, the land will be held under single
title.
- Section 92 (2)(a): the proprietor who has received
the final titles which alienated by State land has the
right to amalgamate the land.
Approving Authority
- Section 146(2):
- LA – if the lots to be amalgamated is held under
LOT and combined area does not exceed 4
hectares
- SD – if lots is held under RT or if combined area
exceed 4 hectares
Effect:
- Single title will be issued
- Name of all proprietors will appear in the title together
with shareholdings
- Earlier titles have no more effect
Process:
- Shall only be approved by the SD/LA if condition in
S. 136(a)-(g) are satisfied
- Proviso to S. 146(1) – all lands must be located in the
same mukim, town, or village.
- *mutatis muntadis – w/ necessary amendment
When will sanction from SA is needed?
- Section 147(2): SA has the right in approving the
amalgamation if such circumstances in paragraph (a)
– (c) of the same section occurs.
- It is a State Authority’s discretion to direct a new
condition in order to approve the application.
How to apply?
- Section 148(1): Application to be made in Form 9C
and accompanied:
- Prescribed fees
- Plan of lot to be amalgamated
- Any approval required under any written law and
consent from any interested party
- Section 148(2): Upon receiving the application, LA
shall endorse a note on RDT
Powers of LA/SD
- Section 149(1): If the applications involved approval
from SD, then LA will refer the application to SD
together with his recommendation thereon.
- Section 149(2): If the conditions are not satisfied,
then LA or SD shall reject the application.
- Section 149(3): If the conditions are satisfied, then
LA or SD shall approve the application.
- Section 149(4): Upon approval, LA shall notify each
of the co-proprietors of the approval and call upon to
pay within a specified time:
- Survey fee, if any
- Fee for preparation and registration of FT to each
portion
- The premium, if any
- Section 149(5): if the application is rejected, LA shall
notify the co-proprietor of such rejection. Then LA
shall cancel the note endorsed on RDT.
Issuance of Title
- Section 150: Once amalgamation has been
completed, a new title will be issued (cross refer to S.
139)

18. Land Law 1
Dealings & Registration
- Section 5: any transaction with respect to alienated
land effected under the powers conferred by Division
4 of the NLC.
- 4 types of dealings recognized under the NLC:
- Transfers
- Leases and tenancies
- Charges and liens
- Easements
- However, not all the above dealings require
registration.
- Dealings which require registration are:
- Transfers, leases, charges, easements
- Dealings which do not require registrations are:
- Tenancies, liens
Transfer
- Section 43: All persons or bodies
- Parties to a transfer are:
- Transferor: One who transfers the land
- Transferee: One who accepts the land
What may be transferred?
- Section 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
Limitations in transfer
- Section 214(2): power to transfer are subject to:
- Any other written law;
- Restriction in interest
- Consent from lessee or chargee;
- Section 214(3): prohibits transfer of lease or a
charge to 2 or more persons or bodies as trustees or
representatives
Control of Transfer of Estate Land (Section 214A)
- Section 214A: Estate land cannot be transferred,
conveyed or disposed of to two or more persons
unless approval from the Estate Land Board or a
written approval of the SA are obtained.
- Section 214A(11): Estate land is any agricultural
land held under one or more title the area of which is
more than 40 hectares and the alienated lands in
constituting the area are contiguous.
- Section 214A(4): If a person(s) wishes to transfer
the estate land, he or they must, together with the
transferee(s), jointly submit an application in Form
14D to the Secretary of the Estate Land Board.
- case: Kumpulan Sua Betong Sdn Bhd v Ezan Sdn
Bhd & Anor
- facts: A agreed to sell a piece of estate land to B. B
nominate C so that the land could be transferred from
A to C. Purchase price (PP) was to be paid upon
presentation of the transfer for registration. 6 years
later, A objected the transfer on the ground that no
approval from the ELB was obtained, hence the
transfer is null and void.
- held: Appeal: The requirement of the approval of the
ELB was to be found in S. 214A(4) which in clear,
plain words stipulates that the application for
approval is required only where the transfer,
conveyance, or disposal in any manner whatsoever
of the EL is made to 2 or > persons. Where an EL or
a portion of an EL is to be transferred to one person,
ELB’s approval was not required.
Process & Procedure
- Section 206(1)(a): every dealing shall be effected in
a proper instrument (forms)
- Section 215(1): the relevant instrument for transfer
of any alienated land is Form 14A
- Section 206(1)(b): no instrument shall be effective to
operate as a transfer of a title until it is registered.
- Section 215(2): upon registration, the title of
trnsferor in the land shall pass and vest in the
transferee
- Section 304(1): registration of any instrument shall
be effected by the Registrar.
- Section 304(2): Registrar shall register the transfer
by making a memorial on the RDT, signs and seals
on the instrument
- case: Jasbir Kaur, it is the official act of
registration and of the execution and delivery of
the dealing or instrument which creates or
assigns the estate.
- Section 215(3): upon registration, the transferee
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.
When does registration take effect?
- case: Mohamad Buyong v Pemungut Hasil Tanah
Gombak: An entry made on the register was a bare
entry which was not signed by the Collector. Where
a memorial is made without the registering authority
signing and sealing it, registration of title under Sec.
304(1) and (2) would not come into effect.
What is the position of parties under contract of
sale pending registration of transfer?
- case: Ong Chat Pang, pending the registration of
the transfer and upon payment of the full purchase
price, the transferor becomes the bare trustee of the
transferee, in that he will hold the property in trust for
the benefit of the transferee. Until the registration is
perfected, the position of the transferee under the
contract of sale is only that of a beneficial owner of
the land.
Lease
- A person who lease the land is called a lessor while
the person who accepts the lease is called the
lessee.
- Lease is one of the dealings which is capable of
being registered
- By virtue of Sec. 5: “lease” simply means “a
registered lease or sublease of an alienated land”
- Thus, lease must be registered to be effective.
- Once registered. A lease creates a legal interest in
the land
- enforceable against third party
- enjoys protection within the terms of legislation
Lease under CL

19. Land Law 1
- Need not be registered
- Legal interest created upon signing of agreement
Elements of lease under CL
- Lessee has an exclusive possession
- lessee can exclude all person including the lessor
- lessor will not deprive lessee of
enjoyment of the land
- Lease is of a definite period
- In consideration of payment of rent
- case: Errington v Errington & Anor
- Principles to establish:
- Not only that exclusive possession had been
granted;
- But also the intention to create the relationship of
landlord and tenant;
- And thereby to create an interest in the land.
- case: Mohamed Mustafa v Kandasami, if there is
no possession the transaction cannot be a lease
Power to lease
- Section 221(1): proprietor of any alienated land can
grant a lease:
- Wholly; or
- Partly
Term of lease
- Section 221(2): every lease must be for a term
exceeding 3 years.
- Section 221(3): Maximum term to grant lease
- lease of the whole piece of land – 99 years.
- Lease of part the land – 30 years.
Lease and its limitation
- Section 225(1): may be subject to
- any other written law
- restriction in interest.
- Section 225(2): lease cannot be granted to 2 or more
persons or bodies as trustees or representative.
- Section 226: consent from lessee or chargee be
obtained before leased can be created
Instrument of lease
- Section 221(4): Form 15A
Effect of registration of lease
- Section 227(1): Interest of lesse shall vest in him
upon such registration
Effect of lease not being registered
- General rule - Section 206(2): no instrument of
dealing shall operate to effect any interest unless it
registered
- Section 206(3): however, the requirement in sec
206(1) shall not affect any contractual operation of
any transaction of alienated land.
- 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 enforceable under the law of contract
- case: Ong Heng Hwa Realty Sdn Bhd v Teoh Chai
Siok
- Facts: there was an agreement for a 40 years lease
where the lessee was in possession and paying the
rent but the lease was not registered.
- Held: the lessee is entitled to rely on the equitable
relief of SP as provided in the agreement.
Tenancy Exempt from Registration (TXR)
- Tenancy: letting of land for a period not exceeding 3
years and it is not a registrable interest
- Section 213(1)(a): “tenancy exempt from
registration”: it is not capable of being or required to
be registered.
- May be granted in weekly, monthly, or yearly basis
subject to a maximum period of 3 years
- May be created in writing or orally
Endorsement
- Section 213(3): no TXR shall be binding upon any
person or body to whom the landlord subsequently
transfers the land to:
- Unless an endorsement has been made on the
register document title (RDT)
- Endorsement was made prior to the transfer
- So, a TXR may be protected:
- By way of an endorsement on the RDT
- By the tenant
- Before the future sale is entered into by the
landlord
- Once endorsement is perfected, tenancy binds
any subsequent purchaser of the land.
Endorsement made
- Section 316(1): an application for endorsement of
tenancy must be made to the Registrar for the
tenancy to be endorsed on the RDT.
- Section 316(2): an application must be
accompanied by the attachment of a plan and
description sufficient for the part to be identified if the
tenancy relates to only part of the land. If the land is
subject to charge, a written consent of the chargee
must be attached.
Procedure
- Section 317(1): Upon receiving the application, the
Registrar shall:
- Note the time it was received
- Make a note of the application in the Presentation
Book
- Endorse the RDT with the word “exempt tenancy
claimed”
- Section 317(3): The application shall be rejected by
the Registrar if
- There has already been a registration of a transfer
of the land or a certificate of sale of the land
- The chargee’s written consent was not attached
- Section 317(4): The application will then be returned
to the applicant, and the Registrar shall note the
rejection in the Presentation Book.
Failure to endorse tenancy against the title by the
tenant
- The tenant’s interest over the tenancy will not be
protected
- As a consequence, if the landlord decided to sell the
house, the landlord may just serve notice to vacate
to the tenant as and when he likes
- Once notice is served, tenant must vacate the land.
- case: Than Kok Leong v Low Kim Hai
- facts: The plaintiff had purchased a premise, but at
the time of the purchase, the defendant was a tenant
of the previous proprietor. One and a half years later
a notice to quit the premises was issued by the

20. Land Law 1
plaintiff, upon which the defendant refused to vacate.
The defendant counter-claimed for specific
performance and argued that the tenancy was
binding upon the plaintiff
- held: The tenancy was not binding on the plaintiff
under Sec. 213(3) as it had not been endorsed on the
RDT
- case: Hotel Ambassador
- facts: A, a lessee of a building carrying on a business
of a hotel. B Bank obtained an order for sale of the
land and building. C purchased the land and building
and asked vacant possession from A. A failed to
endorse tenancy, they have to surrender possession
to C.
- held: Failure to endorse the tenancy, its interest as a
tenant was not binding on the subsequent purchaser.
Cancellation of endorsement
- Section 318(1): The Registrar shall cancel any
endorsement made under Sec. 317 if
- An order was made by the Court to do so
- The tenancy agreement has expired
- Section 318(3) & (4): The Registrar shall endorse
against the cancelled endorsement a note of the date
of cancellation and the reason, and the cancellation
shall be signed and sealed.
Presentation of Instrument & Registration of
Dealings
The forms (instrument) to be used:
- Form 14A for transfer of land or lease
- Form 15A for lease of land
Preparation of Instrument
- Section 208: Every instrument effecting any dealing
shall specify:
- The full name and address, and the occupation, of
every person or body involved
- The shares in which the land is to be held if the
transfer is to two or more persons or bodies as
co-proprietors
- Section 209: The description of the land by reference
to
- The administrative area in which the land is
situated, whether it is in a Mukim, town or village
- The lot number of the land
- The title number of the land
Execution of instruments of dealing
- Section 210(2): The execution of an instrument by a
natural person shall consist of his signing it or affixing
his thumbprint
- Section 210(3): The execution of an instrument by a
corporation shall be effected according to the
company’s constitution, or by a seal of the company
and a statement signed by the secretary and a
member of the board of directors to the effect that the
seal was affixed.
- Tenth Schedule: A signature shall be in permanent
black or blue black ink.
Attestation of instruments of dealing
- Section 211(1): Every execution by a natural person
must be attested by one of the officers specified in
the Fifth Schedule
- Section 211(3): The attestation clause to be used
shall be than shown in Form 13B.
- Section 211(4): The officer attesting any execution
shall sign the attestation clause and authenticate his
signature with his seal of office
Stamping of instrument
- Section 294(1)(a): Every instrument presented for
registration shall consist of a single original duly
stamped in accordance with the Stamp Act 1949.
- Unless the instrument is exempted from stamping
under any written law, endorsement must then be
made upon the instrument by the Deputy Collector of
Stamp Duty.
Presentation of instrument at the relevant Land
Office
- Section 292(2): Any instrument of dealing may be
presented either by lodging it at the Registry or Land
Office or by despatching it to the Registrar by pre-
paid post.
- Section 292(3): The Registrar shall note the time of
presentation on such instrument.
- Every instrument presented shall be accompanied
by:
- Section 293(1)(a): The prescribed registration fee
- Section 294(2) & (3): Any supporting documents
listed
- Section 306(a): The IDT to the land
Duty of the Registrar
- Section 297: It shall be the duty of the Registrar to
determine the fitness for registration of every
instrument before it can be registered.
Documents fit for registration
- Section 301: An instrument shall be fit for registration
if
- Proper instrument of dealing is used
- The instrument is signed and attested
- Dealings are not contrary to any written law or
restriction in interest
- It does not declare or disclose the existence of any
trust
- Instrument has been duly stamped
- Section 301A: Any instrument shall not be registered
if any rent is due in respect of the land and have not
been paid at the time of the presentation
- Instrument is unfit for registration
- Section 298(1): Where any instrument is unfit for
registration, the Registrar shall reject it unless the
unfitness consists solely of a formal defect or

21. Land Law 1
clerical error.
- Section 298(2) & (3): The Registrar shall issue a
notice to the person or body who presented the
instrument to enable the defect or error to be
rectified within a specified time.
- After the expiry of such time, the Registrar shall
reject or register the instrument.
- Section 298(4): Upon rejecting the instrument,
the Registrar shall return it to the person or body
who presented the instrument.
- Withdrawal of instrument
- Section 296(1): Any instrument presented for
registration may at any time before its registration
be withdrawn by a notice served upon the
Registrar by the person or body who presented
the instrument.
- Registration of instrument
- Section 304(1): The registration of any
instrument shall be effected by the Registrar
- Section 304(2): The Registrar shall register any
instrument by
- (a) Making a memorial on the RDT under his hand
and seal
- (b) Completing, on the instrument itself, the part of
the Heading under his hand and seal as shown
in Form 13A
- case: Mohamad Buyong v Pemungut Hasil
Tanah Gombak: Registration comes into effect
when memorial is made on the RDT under the
hand and seal of the registering authority.
- Upon the registration of the instrument, the
transfer or lease of the land will then come into
effect.
- Power to correct error
- Section 380(1): The power of the Registrar to
make corrections, as may be appropriate in the
circumstances of the case, is only confined to
errors or omissions made by the registering
authority and not any other party.