The document summarizes the history of land law in Malaysia. It describes how (1) Malay customary tenure originally involved acquiring land through clearing and cultivation, paying taxes to the ruler; (2) English common law was gradually introduced through charters in the Straits Settlements; and (3) the Torrens system of land registration was introduced in stages in the Federated Malay States in the late 19th century, culminating in uniform land laws by 1911 and an updated Land Code in 1928.

2.  The Straits Settlement
 The Federated Malay States;
 The Unfederated Malay States.

3.  Privy Council in the case of Ong Cheng Neo v. Yeap
Cheah Neoh (1872) 1 Ky. 255
 ..the island was wholly uninhabited when the english
arrived. It held that it was really immaterial to consider
whether the island to consider whether the island should
be regarded as a ceded or newly settled territory for
there is no trace of any laws having be established there
before it was acquired by the East India Company.

4.  English Common Law and Equity was introduced
in the SS as a result of three Charter of Justice
passed by the English parliament.
 1807- after acquisition of Penang
 1826 – after acquisition of Malacca and
Singapore.
 1855 – pass the English deeds system

5.  ..when the English took over the reign from the
Dutch after Anglo-Dutch Treaty 1824, Malacca
has its Lex loci, consisting of blending of Islamic
law and Malay Custom.
 Land law was the Malay customary tenure, with
the system of Dutch grants implemented in the
urban areas.

6.  It is well-known by the old Malay law or custom of
Malacca, while 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 one-tenth of the
produce of the land so taken.

7.  Nature of ownership – not one of absolute
ownership but “proprietory rights”, where
the right of ownership extend not to the
soil as such but to the usufruct or the right
to utilise the soil;

8.  Usual method of acquisition of land is by opening
up and cultivating virgin jungle land or waste land;
 Whilst maintaining the land under continuous
cultivation, the owner was obliged to pay one-
tenth of the proceeds to the Rulers as tax;

9.  If the land was neglected for any substantial
period of time without any reasonable cause, it
would be forfeited by the Ruler and the owner
would lose all his rights therein;

10.  If the owner wishes to sell his land, the price
which he could expect from the purchaser would
reflect the sum total of his labour and out-of-
pocket expenses incurred in cultivating and
developing the land . – pulang belanja means
return of expenses.

11.  If the owner wishes to borrow money on the security of
his land, Malay custom recognizes the transaction as
jual janji, which is basically 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. If the buyer fails to do so,
the sale agreement becomes absolute, in which event
the transaction becomes known as jual putus.

12.  In Malacca, Malay Customary Tenure was
abolished towards the end of the nineteenth.
 In 1891, 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.

13.  Were independent states under sovereign Muslim
rulers.
 The Pahang Consolidated Company Lid.
V. The state of Pahang (1933) MLJ 247
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.

14.  ….In the Federated Malay States there are no
Charters of Justice, and the common law was not
introduced until the passing of the Civil law
Enactment No. 3 of 1937.

15. 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 .

16. 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…….

17.  With coming of the British administrators in the
Federated Malay States, the rules of MCLT soon
gave away.
 1st torrens legislation in the Malay States was
Selangor Registration of Titles Regulations of
1891

18.  Came later in time.
 Northern states of Kedah and Perlis – under
Siamese influence .
 Trengganu and Kelantan – lesser
 British gain possession in 1909 pursuant to the
terms of Anglo-Siamese Treaty.

19.  When the torrens system was first 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. The State of
Pahang (1987) 2MLJ 74. in which the Lord President
held that the land law in Pahang before the Introduction
of the Torrens system was Islamic law of Shafii School.

20.  Early stages of the introduction of the Torrens, the
General land Regulations were enacted in all the 4
states,
 Perak – 1879
 Selangor – 1882
 Negeri Sembilan 1887
 Pahang – 1888
 Followed by the Registration of titles Regulation in ;
Selangor 1891
 Perak and Pahang 1897
 Negeri Sembilan 1998

21.  Land Enactment of 1897, enacted all the 4 states.
 By 1911,these several and separate states
legislations finally gave way to 2 uniform laws for
the 4 states, the FMS Land Enactment of 1911
and FMS Registration of Titles Enactment .
 Thus, uniformity of law and land administration
wasfinally achieved within 6 years of the formation
of the FMS, pursuant to the Agreement of 1895.

22. a. All lands vest in the Ruler , who has the power to
alienate land to his subjects either in perpetuity of
for a fixed term of up to 999 years;
b. All dealings in land must be in the prescribed form
and must be duly registered with the relevent
authorities; failure to do so so would render the
dealings null and void – case Hj Abdul Rahman &
anor. V. Mohamed Hassan

23. c. Owners of land are given indefeasibility
of title;
d. The traditional method of acquisition of virgin land
or waste land was abolished – Sidek & 461 Ors v.
Govt of Perak;
e. Forms of dealings were recognised;
f. 2 forms of caveats were recognised;

24.  The Uniform laws of 1911 perpetuated the division
of land into 2 distinct categories
1. The Land Enactement dealt with the registration of
country lands less than 100 acres in area on a
Mukim land
2. The registration of Titles Enactment dealt with
registry lands i.e town lands and country land
exceeding 100 acres and estates

25.  These 2 parallel legislation in the FMS continued
in force until it was amended by the Land Code of
1926, which came in force in 1928 and came to be
cited as the Land Code 1928

26.  Changes introduced:-
a. The principle of indefeasibility of title was more clearly
defined,
b. Adverse possession against individual owners of land
is no longer possible
c. Customary tenure under Adat perpatih is preserved;
d. The strictness regarding compliance with statutory form
and registration as indicated in Hj Abdul Rahman’s
case.
e. Specific types of cultivation were enforced.

27.  The FMS has a uniformity of law and consistent
land administration procedures.
 The UFMS still lagged behind….
- Johor Land Enactment 1910
- Kedah Land Enactment 1905 amended
in1912
- Kelantan and Trengganu land Enactment
1938.

28.  On the eve of independence, Federation of
Malaya found itself possessed of
 (a) one uniform Land Code for 4 FMS
 (b) five separate State Legislation in each of the
5 UFMS
 (c) The English Deeds system still prevaling in
the former SS of Malacca and Penang.

29.  The Reid Constitutional Commission in its Report
suggested……
 The FMS Land code 1928 to be the model used
by the legal draftmans to to work on the new draft
of the NLC to achive uniformity for all the 9 Malay
states and the 2 former Strait Settlements.
 The new Code came into force on 1st January
1966.