UNITS 1

Cadastral Survey

A cadastre (also spelt cadaster), using a cadastral survey or cadastral map, is a comprehensive register of the metes-and-bounds real property of a country. A cadastre commonly includes details of the ownership, the tenure, the precise location (some include GPS coordinates), the dimensions (and area), the cultivations if rural, and the value of individual parcels of land. Cadastres are used by many nations around the world, some in conjunction with other records, such as a title register.

In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. The cadastre is a fundamental source of data in disputes and lawsuits between landowners.

The objects of the Malaysian cadastral system are to provide security and simplicity to all dealings with land. It establishes and certifies, under the authority of the Government, the ownership of an indefeasible title to land and simplifies, hastens and cheapens all land dealings. The title is conclusive proof that the person mentioned therein is the owner of the land described therein. Valid titles require an accurate description of boundaries and as such cadastral survey plays an important role in the system.

The Malaysian cadastral system has essentially two basic components, which are the very pillars of the system's reliability and credibility, i.e. the land registration and the cadastral survey components.

The most important element in the land registration component is the type of title called for by the system of land tenure and the nature of Government guarantee. The system provides for registration to confer indefeasible title or interest, except in certain circumstances, such as through fraud or misrepresentation or registration obtained by forgery or by means of an insufficient or void instrument. Essentially, for alienation under final title, it only becomes effective from the time of the registration of the Register Documents of Title (RDT) at the Land Office or the Land Registry, whereby the Issue Document of Title (IDT) would be simultaneously issued to the registered proprietor of the land. Both the RDT and the IDT have affixed to them and appropriately sealed, a plan of the land, certified as correct by or on behalf of the State Director of Survey.

The proprietor of any land enjoys the right of effecting dealings with respect to his land and the interest therein. Such dealing is effected by an instrument being registered into the documents of title. The instruments capable of being registered include any transfer of land, lease or sub-lease, charge, or surrender thereof. Effectively, the register is conclusive evidence that the person named in it as the proprietor of an interest in land is the legal owner of that interest. More importantly, the system compels that interests in land can only be varied or changed by registration.

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

1

The Government having decided the nature of the land registration system and given statutory expression to it, it is then the business of the cadastral survey authority to decide the scope of the surveys and the standards of accuracy essential to the validity of the type of title called for by the law. The law specifies the manner in which surveys are to be carried out for the purpose of the issuance of a final title. It is only after this survey that other transactions such as subdivision, amalgamation, etc, of that parcel of land can be carried out.

As mentioned, the law requires every parcel of land to be surveyed and demarcated on the ground prior to the issuance of final title. It provides for 'fixed' rather than 'general' boundaries. Parcel definition is by officially emplaced and mathematically coordinated boundary marks rather than by topographical details. The surveyor emplaces the boundary marks which demarcate the parcel and carries out a survey of these boundary marks based on the state survey controls provided. On the completion of the survey, a plan is drawn and when authenticated by the Director of Survey becomes a certified plan. Copies of the certified plan are utilised in the preparation of title documents.

One important aspect of the registration system is the peculiar practice of issuing temporary land titles, termed as qualified titles (QT). The purpose for this is to enable land to be alienated in advance of survey or prior to survey and in the broader context, to speed up land development.

Standard Sheet

Standard Sheet or Cadastral Map is prepared following the format and scale determined by the Department. It shows the boundary of surveyed lots from the Certified Plans that have been approved by the state’s Survey and Mapping Director. It also shows the international, state, district and mukim administrative boundary as well as the surveyed lot in various scales like the 4 chains and 8 chains scale. Information pertaining to the administrative boundary, Certified Plan number and lot number are also displayed to suit the presentation layout. Digital Standard Sheet is prepared in Cassini Soldner projection and can be obtained in the format of Shapefiles.

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

2

Certified Plan

Certified Plan is prepared following the format determined by the Department. It shows the lot boundary in various scales with a given Certified Plan number. Information pertaining to the lot location, lot number, area, bearing and distances are also displayed. The digital Certified Plan in the Certified Plan Image Library (CPIL) can be obtained in TIFF format.

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

3

Certified Plan

Cadaster Survey Division of JUPEM

Objectives Of Cadaster Survey

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

4

The objects of the Malaysian cadastral system are to provide security and simplicity to all dealings with land. It establishes and certifies, under the authority of the Government, the ownership of an indefeasible title to land and simplifies, hastens and cheapens all land dealings. The title is conclusive proof that the person mentioned therein is the owner of the land described therein. Valid titles require an accurate description of boundaries and as such cadastral survey plays an important role in the system.

JUPEM- State

Function of JUPEM – State

- To ensure the products and land survey and mapping services meets the quality acceptance and customer’s needs

- To ensure a well-maintained, up-to-date cadastral and mapping database to meet needs of the national geospatial infrastructure

- To make JUPEM an excellent reference centre in the field cadastral survey and mapping

- To survey, determine, demarcate state and international boundaries

Department of Director General of Lands and Mines (Federal)

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

5

Department of Director General of Lands and Mines (State)

The roles of this office are suitable with the status as an agency that is responsible to administer and manage the state's land. The followings are the list of key functions for the Perak State's Land and Mineral Director Office:-

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

6

- To submit all land applications for consideration by the Perak State's Land Work

Committee as according to the law.

- To make sure the land management for the whole of Perak state is executed within the laws and policies specified by the government.

- To ensure the land revenues collection were done effectively and systematically.

- To make sure that the lands are being used within the land laws and regulations in order

to achieve optimum benefits for the peoples and the governments.

Deparment of Land Survey Sarawak

Functions :

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

7

- Under the terms of the Inter-Governmental Committee Report and the Constitution of Malaysia, land and cadastral surveys are State subjects which come under the portfolio of the Minister of Resource and Planning Management.

- Subject to the direction of the Yang di-Pertua Negeri dalam Majlis, land in Sarawak is

administered in accordance with the provisions of the Mining Ordinance and the subdivision of land is administered in accordance with the Land (Control of Subdivision) Ordinance, the Public Parks and Greens Ordinance, 1993 and the Strata Titles Ordinance.

Deparment of Land Survey Sabah

Function :

* Alienation of State Land under the Land Ordinance Cap. 68 and other ordinances in compliance with the Government Policies to individuals, departments and agencies.

* Preparation and registration of all new titles and land dealings.

* Enforcement of the relevant sections of the Land Ordinance to ensure that the terms and conditions set forth on the titles and offers are being fulfilled and to eradicate idle land.

* Carry out land enquiries to resolve land disputes.

* Issuance of Subsidiary titles for the subdivision of buildings.

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

8

* Land valuation for the purposes of alienation, acquisition (Land Acquisition OrdinanceCap 69), rating, taxation, conversion of land uses and reconciliation of the Land Acquisition Trust Account for the State and Federal Governments.

* Implementation of Smallholders and Pre-planned Schemes for the landless and people with uneconomic holdings.

* Processing of applications for extension of terms, conversion of titles' conditions, subdivision and amalgamation.

* Processing and issuance of prospecting permits, licences, mining leases and quarry licences.

* Collection of Land Revenue, in particular the recovery of outstanding quit rent.

* Provision of training for the staff of government departments and private sectors in the fields of surveying, survey computation and land administration.

* Management of the Lands and Surveys Department Technical library.

* Surveys of land applications (N.T./F.R. status), particularly customary rights and resurvey for the purpose of acquisition within the government projects. Monitoring of surveys of land applications (C.L./P.L. status), subdivision, privatisation projects by Licensed Surveyors.

* Establishment and maintenance of the control stations throughout the State for the purpose of cadastral surveys.

* Aerial photography and mapping covering the whole of the State for the preparation of land development maps.

* Storage of plans, maps and documents of the Department.

* Preparation of plans for Government Gazette.

* Management and maintenance of Land Title Information System, Cadastral Information System and Land Use Information System to support Sabah Land Information System (SALIS) in conformance to Spatial Data Infrastructure (SDI) standard.

* Monitoring of land development patterns with Land Cover Maps (Remote Sensing SAR technology).

* Involvement and contribution in Malaysia Plans in providing sites and basic data in the form of maps and plans to implement development projects.

* Assist the Topography Department in the demarcation survey of the International boundaries of Malaysia-Indonesia (Sabah / East Kalimantan).

District and Land Officer in Peninsular Malaysia ( Jassin)

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

9

Function of District Land Offices

Planning and execution of works relating to the registration. Among them is the registration of land transfers, charges, caveats, change the name, lien, registration and issuance of title to remain / temporary / replacement, an official search certificate and application estate.

Planning and execution of works relating to land development. Work involves the application of land development and surrender of land, subdivision and conversion of land at the same time, changing conditions, subdivision of land, land consolidation, conversion, grant of land under the Land Act, subdivision / division, alienation land and handing it to the purpose of developing land in the land, government land application.

Planning and execution of works relating to the disposal of land. Work involves the application of the disposal of land of less than 10 acres, land large-scale clusters, the Temporary Occupation Licence (TOL / TOL), the production

Application For Survey

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

10

Demand Survey is the term used to obtain government permission to carry out survey work, such as subdivisions. Applicants should fill out and submit forms related to the purpose of applying to the Land Office and the prescribed fee.

Nazirah Binti Mohamad AbdullahCG102 Cadastral Surveying 1

11