The Statutory Forms prescribed in the Schedules to the National Land Code 1965 are

not easy to use, out-dated and does not meet the requirements for electronic
environment of land administration system

The 1992 Amendment Act inserted section 5A and the Fourteenth Schedule to provide
for the manner of carrying out registration under the computerised land registration
system. The
changes made in the Fourteenth Schedule (Computerized Land Registration System) and
the introduction of the Sixteenth Schedule (Electronic Land Administration System) of
the National Land Code 1965 is inadequate to support future developments of
Electronic Land Administration System (eLAS) where a fully automatic system is
proposed to be introduced.

The Statutory Forms are found to be cumbersome and confusing. The modern society
requires simplified, less technical and user friendly Statutory Forms. The forms are in
need of improvements and enhanced to provide for features that can promote speedier
service delivery and make it customer centric. This review identified the following
weaknesses in the existing forms:

 The forms are not simple and very technical, rendering it difficult to be
understood by layman and requires the assistance of professionals with payment
of a considerable amount of professional fees;
 The forms are not available as one single document, users are required to
combine few Forms to create an instrument for registering a dealing;
 The size of form is limited to a width of 420 millimetres and a length of
297millimetresas prescribed in the Tenth Schedule. Currently the form cannot be
converted into A4 size to be made available on the internet;
 There are forms designed to cater for a single purpose and not meant to be used
for multiple purposes;
 In the First Schedule do not meet the requirements of an electronic land
administration system environment; and
 Confusion as to the type of form to be used such as Form 16A and 16B (Charge
Forms) due to the lack of clarity in the language used in the form and the
provisions of the National Land Code 1965.

The existing legal regulatory framework introduced via the National Land Code
Amendment 2008 (Act A1333) is unable to meet the needs and requirements for
providing an integrated electronic land administration and registration system

It is observed that there is lack of clear policy directions and in-depth studies on the
legal regulatory needs of an electronic system which is proposed to be migrated from a
manual system into electronic environment without compromising the unique concepts
of the Torrens system.

Implementation of Single Title System

Subsection 292(2) of the National Land Code 1965 requires the lodgement of instrument
of dealing relating to land held under land office title to be presented at the respective
Land Office where the Register document of title is kept, whilst the instrument of
dealing relating to land held under registry title shall be presented at the respective
Registry Title Office of the State.

Section 375 of the National Land Code 1965 requires the Land Registry (that is District
Land Offices or the State Director of Lands and Mines Office) to ensure the continuous
safe keeping of land registers which fall under their respective jurisdiction.

This leads to the creation of numerous land Registers database at State level and cannot
be located in one centralized database in the State Director of Lands and Mines Office as
the law requires it to be distributed or decentralized and maintained at the District
where the title was issued and registered.

The current institutional framework and legislation creates a hindrance of implementing

an electronic land administration system. The existing of decentralized register
databases does not facilitate in the area of efficient monitoring and sharing of
information. There will always be a lack in real time information and the need of
replicating information has to be done which creates the need for larger servers and
data spaces. This increases the cost and also the need for extra security aspects to be
implemented for the success and the
conclusiveness of the data.

Having a dual titling system reduces the efficiency in doing business. People want an
easy and simple way to do their dealings. It can be a hassle, when someone wants to
deal with the respective Land Office. This indicates that the land administration has to
provide various type services for titles issued in that particular state at the any nearest
land office. This will enhance service delivery and provide better implementation of land
administration reforms.

Registrar's Power to Correct Errors

The registering authority assumes an important role in ensuring that the registration of
instruments of dealings is carried out accordingly. However, in recent years, complaints
about land fraud have increased and this will have an adverse impact on confidence on
the Malaysian property market as well as the socio-economic development of the
nation. The weaknesses within the land registration departments have been cited as the
major cause of land fraud.

Registrar's Power to Correct Errors

The registering authority assumes an important role in ensuring that the registration of
instruments of dealings is carried out accordingly. However, in recent years, complaints
about land fraud have increased and this will have an adverse impact on confidence on
the Malaysian property market as well as the socio-economic development of the
nation. The weaknesses within the land registration departments have been cited as the
major cause of land fraud.