C O N S T R U C T I O N L A W ( B P D 2 0 3 0 2 ) - L A N D L A
W Guten Morgen
Historical background Early history The development of the law
property in Malaysia is based on the legal history of the country-
3 separate entities The straits settlements (Penang, Malacca,
Singapore) The federated Malay States (Perak, Selangor, Negeri
Sembilan, Pahang) The unfederated Malay States (Kedah, Perlis,
Kelantan, Terengganu, Johor)
Torrens System What is Torrens System? First introduced in the
federated malay states Principal characteristics: i) all lands vest
in the Ruler, has power to alienate land to his subjects either in
perpetuity or for a fixed term of up 999 years ii) all dealings in
land must be in the prescribed form and must be duly registered
iii) owners of land are given infeasibility of title, which could
be questioned only under special circumstances iv) the traditional
method of acquisition of virgin land or waste land v) forms of
dealings which were recognised under the law were transfers, leases
exceeding three years, charges, and liens vi) two forms of caveats
were recognised, namely private caveats and registrars caveats
What is Twin principles of the Torrens System? The mirror
principle Curtain Under the Torrens system, the register is
everything
What is National Land Code 1965? Adverse possession no longer
possible No possessory right however long The rules of equity still
apply Reversion to the State under several circumstances
Indefeasibility is guaranteed but not absolute Strata title
recognised Four type of caveats
What is LAND? Fixtures and chattel concept Petrol tank buried
underground Palm oil storage tank erected above ground Machinery
installed on factory floor Offset printing machine affixed to the
factory floor by bolts and nuts Dwelling house of plank walls and
cement floors NLC1965- Section 5 and 40
Classification and use of land Land situated in a State is
classified as: Land above the shore-line Town land Village land
Country land This land may be disposed by the State Authority by
way of alienation or other than alienation Foreshore and sea-bed
Disposal is not possible
Classification and use of land Under latter concept:
Agriculture Building Industry 1985- the code recognised 4
categories Agriculture Building Industry Residential
Classification and use of land Agriculture land (Section 115)
No building shall be erected Cultivation- 12 months of the relevant
dates Occupy the whole area of land The area cultivated is
maintained according to good husbandry The said area shall be
continuously cultivated
Classification and use of land Building land (Section 116) A
building must be erected on the land within two years of the
relevant date No part of land shall be used for- agriculture/
industrial Every building shall be maintained in repair No such
building shall demolished, altered or extend without prior consent
in writing
Classification and use of land Industrial land (Section 117)
Manufacture Smelting The production power The storage, transport
distribution of goods Such other purposes as described by the State
Authority
Breach of conditions 2 distinct categories: Non-payment of rent
due to State Authority in respect of the land Breach in respect of
any implied / express conditions
TYPE OF DEALINGS Recognised unregistrable dealings are those
that the NLC 1965 provides for their execution but not their
registration Unrecognised dealings are those that the NLC have no
provision neither for their execution nor for their registration
Registrable dealings that are not executed according to the
statutory provisions may be accepted as equitable dealings
TYPE OF DEALINGS Registrable Unregistrable Recognised
Not-Recognised Transfer Jual-janji Charge Lien Lease Tenancy
Easement Long usage
TYPE OF DEALINGS Dealing Part Section Instrument Transfer Part
14 214 - 220 Form 14A Lease Part 15 221 - 240 Form 15A Tenancy Part
15 221 - 240 Charge Part 16 241 280 Form 16A Lien Part 16 241 280
Easement Part 17 282 291 Form 17A Jual-Janji Long usage
TYPE OF DEALINGS Dealing Part Section Instrument Transfer Part
14 214 - 220 Form 14A Lease Part 15 221 - 240 Form 15A Tenancy Part
15 221 - 240 Charge Part 16 241 280 Form 16A Lien Part 16 241 280
Easement Part 17 282 291 Form 17A Jual-Janji Long usage