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This document discusses the two types of conditions that can be imposed on lands alienated by the State Authority under Section 5 of the National Land Code: 1. Express conditions - These are conditions that are clearly spelled out and endorsed on the document of title. They apply specifically to that particular land. 2. Implied conditions - These relate to the category of land use and are laid down in Sections 114-118 of the NLC. They apply to the extent they are not inconsistent with any express conditions. Examples include only allowing buildings for agricultural purposes on agricultural land. A breach of either type of condition can result in forfeiture of the land under Section 127.
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2 types of conditions slide
- 1. 2 Types of Conditions in Section 5 NLC SITI NUR JANNAH BT HASANUDDIN 1122051
- 2. Conditions • All lands alienated by the State Authority according to s.120 of NLC, are subjected to the following endorsement on the document of title. i. category of land use. ii. the conditions attached to the land, comprising of ‘implied conditions’ and ‘express conditions and restriction in interest’. • Section 5: - "condition" does not include any restriction in interest • 2 types of conditions: – Express conditions – Implied conditions
- 3. Comparison Express conditions • Section 120 • Endorsed on the document of title (clearly spelled out in the title) • Applies specifically to that particular land Implied conditions • Sections 114-118 • Relate to the category of land use that the land is subject to (Conditions that have been laid down in the NLC) • Only to the extent that it is not inconsistent with express conditions
- 4. Section 120: Imposition of conditions and restrictions in interest • (1) Subject to the provisions of this section, the State Authority may alienate land under this Act subject to such express conditions and restrictions in interest conformable to law as it may think fit. • (2) The conditions and restrictions in interest to be imposed under this section in the case of any land shall be determined by the State Authority at the time when the land is approved for alienation. • (3) Every condition or restriction in interest imposed under this section shall be endorsed on or referred to in the document of title to the land; and in complying with this sub-section the State Authority shall, in any case where it imposes both conditions and restrictions in interest, distinguish between the two.
- 5. Examples of Express Conditions • “This land may only be used to plant rubber trees” • “This land is to be used as a residence only” • “This land is to be used for the purpose of a petrol station” • And this is clearly stated or ENDORSED on the document of title.
- 7. Examples of Implied Conditions • Section 114 – Relating to boundary marks • Sections 115 – Relates to the category of land use • See: • Agriculture – Sections 115 and 121 • Building – Sections 116 and 122 • Industry – Sections 117 and 122 • Example: for agricultural land, only buildings for the purpose of agriculture can be erected on the land. (Section 115)
- 8. Effect of breach of condition • Section 127 The land will be liable to fortfeiture