Contents

1.0 Introduction .................................................................................................................................. 2

1.1 Torrens system ......................................................................................................................... 2
1.2 National Land Code ................................................................................................................. 4
2.0 Registration .................................................................................................................................. 5
2.1 The Importance of Registration ............................................................................................... 5
3.0 Dealings ....................................................................................................................................... 7
3.1 Transfer .................................................................................................................................... 7
3.2 Leases ....................................................................................................................................... 8
3.3 Charge ...................................................................................................................................... 8
3.4 Easement .................................................................................................................................. 8
3.5 Lien .......................................................................................................................................... 9
3.6 Tenancy .................................................................................................................................... 9
4.0 Case Study.................................................................................................................................. 10
5.0 Weakness Of Malaysia’s Land Administration ......................................................................... 13
6.0 Recommendation ....................................................................................................................... 15
7.0 Conclusion ................................................................................................................................. 17
8.0 References .................................................................................................................................. 18

1
1.0 Introduction
1.1 Torrens system
Torrens system is not a system of registration of title but it is a system of title by registration,
said by Breskvar v Wall on 1971. It is based on the concept of 'indefeasibility of title', which means
that once an interest is registered, it is good against the whole world and the state guarantees the
interest.

Before British arrived, land use rights in Peninsular Malaysia are based on customary land
use rights. Based on the customary system of land holding, any person who carried out the task of
clearing the waste land was entitled to occupy it provided he cultivated it and gave one-tenth of the
produce to the State.

In Sabah and Sarawak, there is a similar customary land ownership system in the case where
anyone can own land based on land clearing, cultivation and conservation. When Malaysia have been
occupied by the British, English law of conveyancing was introduced where privately executed deeds
were the basis of title to land.

Later, when the British influence and rule spread to other parts of Peninsular Malaysia, a
new Torrens land registration system was introduced. We adopted this from Australia and found it
to be more effective than the UK system because it makes the land use and registration system simple,
cheap and effective. Torrens’s land registration system is named after South Australian President
Robert Richard Torrens, who is designing and implementing.

The distinct advantages of the Torrens system

 The land ownership register contains all the information about the person’s land, which
means that ownership and other benefits need not be proven through long-term complex
documentation, such as the English system
 Torrens created a central registry where all land transfers are recorded in the register, forming
a separate title with a unique number that also records easements, mortgages
 The land administration works effectively and efficiently
 Land dealings such as transfer, lease, lien and easement will be registered in the title
 Registration of title will assist the Government to control or detect any doubt in land dealing
that may lead to the speculation in land transaction
 Save time in land dealings i.e. avoid the need to investigate the chain of title
 Save cost in examining the title
 The Land Registry Office / Land Office has the titles with them, so it will ease the people
involved in the transactions

2
Mirror Principle

 Mirror Principle shows the title functioned as a mirror which informs accurately and
completely the current facts about the land to any relevant parties that would interest such as
potential purchaser or Chargee
 The register reflects all important facts about the ownership of the land registration owner
 E.g. name or proprietor, the land alienated, its area & location, its survey plan & boundary
limits

All land title is in duplicates:

1 Register Document of Title (RDT)

 With Land Registry Office / Land Office

 Available to public

2 Issue Document of Title (IDT)

 Kept by the registered proprietor

 Evidence of his ownership

Curtain Principle

 Curtain Principle means the register as the curtain where any parties that involved in the land
transaction only required to depend on all information contain in it and nothing else
 There is no need to find other information except from the title. Other words, the purchaser
no need to look “behind” or “beyond” the register. It is sufficient that Purchaser examines
the Register Document of Title in order to obtain particulars related to the land
 All information regarding the ownership is on the title

Section 89 NLC:

 According to the provisions of this Law, all registers officially registered under this Chapter
are conclusive evidence...

3
1.2 National Land Code
Before independence, Land in Malaysia was separate in 3 Entitles. It is The Straits
Settlement, The Federated Malay States and The Unfederated Malay States. Penang, Malacca &
Singapore were under The Straits Settlement. Besides, Perak, Selangor, Negeri Sembilan & Pahang
were under The Federated Malay States. Lastly, Kedah, Perlis, Kelantan, Terengganu & Johor were
under The Unfederated Malay States. Different States had different system of land law. English
Deeds System was for The Straits Settlement. Then, Malay customs, Islamic law, Land Code 1928
was for The Federated Malay States. Lastly, State legislation was for The Unfederated Malay States.
After independence, all of the system of land law had unified to National Land Code 1965.

Due to historical and political developments, there are consist four main legislation currently
governing land matters in Malaysia. National Land Code 1965 (Act 56 of1965) was applicable to the
whole of Peninsular Malaysia. Besides that, National Land Code (Penang and Malacca Titles) Act
1963 was only applicable to Penang and Malacca. Furthermore, Sarawak Land Code 1958 (Cap 81)
was only applicable to Penang and Malacca. Lastly, Sabah Land Ordinance 1930 (Cap 68) was only
applicable to Sabah.

One of the objectives of National Land Code is to ensure uniformity of law and policy.
Another of the objectives of National Land Code is to provide a uniform legal framework for land
dealing relating to land tenure, guarantee of ownership, security of tenure, land allocation and access.
On the other hand, the objectives of National Land Code is for land use and taxation management.
Lastly, National Land Code is for land administration.

Basic features of National Land Code:

 Idefeasibility of title
 Adverse possession against the State and individual proprietor is no longer possible.
 Recognition and applicability of rules of equity in providing protection of an unregistered
interest.
 Alienated land may be reverted to the State Authority in certain circumstances.
 Possessory rights will not be granted irrespective of the duration of possession
 Recognition of Strata Title
 Provisions for entering and lodging caveats
 Provisions for granting easements

4
2.0 Registration
2.1 The Importance of Registration
Prior to 1925 land was largely unregistered and was only registered on a voluntary basis.
This changed with the introduction of the 1925 Land Registration Act. The aim of the Act was to
help simplify conveyancing and create a system which allowed a purchaser to see the title to land in
one single document called the Title Information Document. Each title also has its own unique title
number.

The Title information document clearly describes：

 Who owns the land

 Where the boundaries lie
 What rights of way affect it
 Whether there are any restrictions affecting it

The introduction of the Land Registration Law does not mean that everyone who owns the
land has an obligation to register. On the contrary, registration from the geographical area to the area
becomes mandatory over time, and eventually the country must register the land at the registry before
1990. The “trigger” for registering land is that it must be registered in the land registry, i.e. sold or
resold.

There are importance of registering ownership at the Land Registry:

- Security of ownership and tenure rights

- This is the most important impact. It reduces the number of land disputes, which is a major
problem in developing countries. The security of ownership also stimulates land
development.
- More efficient land transfers
- In most developing countries, the cost of license delays is a serious constraint, and an
effective registration system makes transfers easier, cheaper and safer.
- Security of credit.
- Land ownership can be used as collateral for loans. This security measure has had a positive
impact on the productivity of the land as it frees up the main financial resources used for
land investment.
- Public control of land markets and intervention
- If there is no effective land registration system, it is difficult to implement policies such as
land redistribution and control of foreign land ownership.
- Support for the land taxation system.
- In fact, the cost of improving the cadastral system will soon be offset by increasing property
tax revenue.
- Improved land use and management
5
- It can directly provide better information about land ownership and actual planning rights
and facilitate the development of other planning tools, such as information repositories,
including land use, land value and population. It can also provide tools to limit the use of
certain land. Negative impact on the environment

6
3.0 Dealings
The term “dealings” is defined in section 5 of National Land Code to interpreted as any
transaction with respect to alienated land effected under the power conferred under Division IV of
NLC. The provisions in NLC 1965 require certain dealings in alienated land or interest in it to be
registered. This is to make sure that the dealings can be done quickly, cheaply and with complete
certainty. Dealings in alienated land such as transfer, lease or charge of it are important because they
offer up to the development of the land. The same applies to dealings in interest in alienated land
such as transfer or charge of a lease of alienated land.

Alienation of land is under the National Land Code 1965 and the respective State Land Rules,
any individual, organization or Government Agency can apply for any state land. When the State
Authority approves the application, the land will be alienated and a land title will be issued to the
applicant. Usually the State Government will issue a leasehold title for 60 years or 99 years with or
without an express condition in the title. Before a title is issued, the applicant must pay a premium
to the State Authority.

The main types of dealings under National Land Code 1965 which require registration are
Transfers, Leases, Charges and Easement. These are capable of being affected under NLC using
specific instruments for purpose of registration. However, Tenancies and Liens does not require
registration. For example, a transfer of land which is not registered is not recognized by the NLC
1965 and the person in whose favour the transfer is made cannot exercise the powers as an owner
under that law.

3.1 Transfer
In Section 214(1), the whole part of land may be transferred but not a part only of any
undivided share, or any alienated land. The meaning of undivided share is means a share in the land
which is not subdivided or incapable or being subdivided. For example, one piece of land that has
more than one owner, but the land has no specific area on the land allocated for each of them. There
are two parties, which are transferor (party who transfer the land) and transferee (party who accepts
the transfer). An agreement of transfer will only consent to transfer the title to the land upon
registration. Only the registered owner has the right to transfer the land.

The power to transfer is subject to restriction and forbidden whether imposed by the National
Land Code or any written law for the time being in force. It is also limited by any astriction in interest
to which the land is for the time being subject and in relation to leases, tenancies, charges be free
from registration, the stipulates thereof, express or implied. No lease or charge may be transferred to
two or more persons or bodies otherwise than as trustees.

Other than that, transfer of land can also without monetary consideration. For example, a
man is an owner of a piece of land and he wanted to transfer the land to his wife as a gift. This is
7
known as transfer without monetary consideration. Besides, on terms of love and affection is also
under transfer without monetary consideration. For instance, only applicable in respect to transfer of
land between a parent and a child.

3.2 Leases
Lease is one of the dealings which is be able to registered. A person who lease the land is
called a lessor while the person who accepts the lease is called lessee. The lessee has a registered
interest in the land upon registration with the Land Office. A lease is defined as an assurance by
which the proprietor of land (the lessor) grants to another person (the lessee) an interest in the land
less than a freehold and less than that to which the lessor is himself entitled. This allow the lessee to
occupy the land for specific time for a payment of rent.

Can an owner request the tenant to move out when a lease expires? Yes, the owner can
choose to evict a tenancy at the end of a lease. In this situation, the owner should give notice to the
tenant even though the lease already specifies the termination date. By law, 60 days is usually a
sufficient notice for a tenant to find a new rental. If the tenant asked to return the deposit from the
owner, the owner may use the tenant’s security deposit to pay a tenant’s unpaid rent or to fix damage
and clean the unit when the condition exceeds normal wear and tear. The owner may also provide an
itemized list of deductions to the tenant within 14 to 60 days from the date that the tenant moved out.

3.3 Charge
A charge is a deal whereby the registered owner (the Borrower) of an alienated land or lease
conveys the land as a security for the repayment of a loan, an annuity or any other time payment, in
favour of another (the Lender). The charger is the owner of the land while the chargee is the lender
who is the person to whom the land is conveyed to whose favour the charge has been affected.

The Borrower can borrow money from a bank or finance company, which is in business of
lending money or even an individual. In return he is required to pledge his land as security to
guarantee the repayment of the loan with interest. A charge must be registered at the relevant Land
Office and is created using prescribed statutory form. Charge merely confers interest not title or
ownership to the Chargee.

The proprietor of an alienated land has the right to create a charge over his land take no
account of whether final or qualified title or as a parcel in strata title. The owner’s power to create a
charge is subject to the restrictions imposed in Section 241(3) NLC. What can be charged? A charge
can be created over whole of land but not on part of any alienated land. Co-owner is commissioned
to change his all undivided half share in an alienated land. The rationale for this rule is to avert
difficulties in recognition of the quantification and on default, in the charge enforcing his remedies.

3.4 Easement
An easement is a privilege given to a registered owner of a piece of land to utilize another
piece of land. “In Section 282(1) NLC, the term ‘easement’ is mean any right granted by one owner
8
to another, in his capacity as such & for the beneficial enjoyment of his land”. “In Section 282(3)
NLC, the land for the benefit of which any easement is granted is referred to as ‘the dominant land’
& the land of the owner by whom it is granted as ‘the servient land’”.

There are two categories of easement, which are positive easement and negative easement.
Positive easement is allowed the owner of the dominant land to do something in, over or upon the
servient land. Other than that, Negative easement requires the owner of the servient land to abstain
from doing something which would disturb with the enjoyment of the dominant land.

3.5 Lien
A lien is a method of taking security transaction and is usually used when the loan is short
term. For instance, the bank (lender) has the power to hold the property by retaining the issue
document of title of the guy (borrower) until the debit is fully paid.

Lien is a non-registrable interest under the NLC. However, the lien-holder can proceed to
enter the lien-holder’s caveat over the said land. A lien is terminated by the withdrawal of the caveat,
and the return of the issue document of title upon payment of the debt and interest.

3.6 Tenancy
A tenancy is a transaction where the land owner grants to the tenant, possession of his land
or building or parcel, in consideration for the payment of rent. The term ‘tenancy’ in law refers to a
“short-term tenancies” of not more than three years. It may be for one year or two years. Once it
exceeds 3 years, it is usually known as a “lease”. A tenancy is not an interest capable of registration
under the NLC. Hence it is called ‘tenancy exempt from registration’. There is no interest to the title
and no formality required.

There are some important things to take note of in a tenancy agreement. First, permitted use
of the premises. The use of the premises must be in compliance with the existing laws and regulations.
There are distances where the property is being rented out for residential use while it is a purely
commercial entity and vice versa. Other than that, sub tenancy is important as there it is not
uncommon to find tenants sub-letting the premise to a sub tenant without the expressed consent of
the owner. By doing this, the tenant would then be in breach of the terms and conditions of the
tenancy agreement.

9
4.0 Case Study
In Malaysia, many lands are in the small size and it is very hard to developed but not
the problem of connected proprietorship, hence this is not economical for development. To
prevent this situation happen, those lands should undergo a process called amalgamation.
Only then, the activities of development such as the resident and commercial project can be
carried out.

Land of a normal size can divide to many ownerships. With this condition the
multiple ownership of a land in normal size had result the actual size of each ownership
become smaller and less significant. Joint-ownership is a theoretical form of land
fragmentation which give effect the uses of land in the future. For example, half acre of land
that are divided equally among 8 beneficiaries will resulted each beneficiary only gets 2,722
square feet which is equivalent to 52 feet ×52 feet. With the size, not much can be done on
such portion of the land which so-called small-scale land. In this regard, the increasing of
joint ownership of the shared land will resulted to the decrease of the size of the land
ownership.

According to the case which is reported by Berita Harian on 5th of August 2006, a
land in Penang had been required by 90 co-owner and each owner only occupies about 1.8
square metre of the land. There are also have a similar case took place in Kampong Bharu,
Kuala Lumpur on 8th July 2006, each 141 co-owners on an area of 809,345 square meter
proportioned for every one of them. This will cause the smallest fraction on the land which
is 7/424320 or equivalent to 0.01335 square meter per ownership. Let say the value of one
square meter of that land is RM 1000, the portion only worth RM13.35 for each square meter.
Likewise, each owner will become smaller and uneconomical when a land area of 0.003
acres were owned by 10 people.

The Minister of Natural Resources and Environment, Datuk Seri Azmi Khalid said
that “the main problem of abandoned land is on the multiple ownerships”. The predicament
is on size of land that own by the proprietor. If someone own 1/210 portion of such land, that
means his portion is 1/210. In this situation the number of ownerships per- se is not portrayed,
but it also reveals the implication for developing the land. When the number of co-owners
is increasing, the difficulty of that problem will also be increasing. So that, the efficiency of
land development can be influenced by the number of ownerships and its reality had been
proved by a study that was conducted in Negeri Sembilan, where the owners are not
interested in developing a small-scale land because the earning is not commensurate with
the effort.
10
 In addition, the land of the Kampong Bharu will be left abandoned when the
existence of small-portion ownership will complicate the utilization of land. If the part of
ownership is only 7/424320 as happen, one person will have to face abundant of co-owners
when the process for utilization will face more intricacy. Actually, small part of the land
ownership will not make any different in the benefit as it was under value but in other
perspective small-portion of land ownership could also contribute to the relationship
deterioration among them. The process of developing the land the ownership become so
influential in term of consent and approval. A co-owner will have an authority to prevent
any activity on their land by refusing in giving consent when it is no consideration on the
size of one’s ownership.So, to avoid this situation happen, the best way is let the small
portion owner to relinquish or transfer his right to other co-owners. This way makes the land
could be developed and heirs will get their compensation even though the land is carried his
own sentimental value

As was discussed, joint ownership not just contribute to the growing number of
abandoned lands, but also add an impediment for local development. Refusal of one coowner
for approval can cause developmental planning had to be amended or cancelled. This has
happened in some urban areas as well as in Kampong Bharu, Kuala Lumpur.

Kampong Bharu is situated in the heart of Kuala Lumpur City Centre which was
under Malay Reserve Land. It covers an area of 101.02 hectares and has a population of
45,000 people. In number, total population density at Kampong Bharu is very high which is
at 446 persons per hectare. Even though the location of Kampong Bharu is very strategic,
but development of the land is lagging behind compared to the surrounding area.
Infrastructures that exist in the neighbouring area are among the best in the world, especially
on transportation facilities, communication networks, infrastructure facilities and many
others. The question is, what is causing such situation?

According to a paper presented at the briefing sessions for landlords in Kampong

Bharu, the greatest problem facing in Kampung Bharu is multi-ownership of the land and
the existence of small lot sizes. Overall, Kampong Bharu consists of 884 lots and is owned
by approximately 4300 owners. Based on records, 31% out of the total lots owned by more
than 5 owners. The average land was owned by 8 to 30 owners. In term of land area, it is
found that 83% out of lots is less than 1000 square meters.

It is reported that the most crowded lot owners measuring 809.345 square metres and
is owned by 141 people which is the smallest portion is a portion 7/424320 representing the

11
area of 0.01335 square metres. Let say that one square meter is worth RM1000, so it is only
worth RM13.35.

The problem of multi-ownership in Kampong Bharu is no co-operation among

owners. Their effort as well as feeling is not laying on the same step. Every single activity
that was planned is futile when the consensus is hardly to be born. For that reason, local
development planning has been disrupted. Since two decades ago hitherto, although many
programmes were made for Kampung Baru by Kuala Lumpur City Hall (DBKL) however
the planning is delayed.

Instead of difficulty in obtaining consent of all owners, another intricacy is in

updating owners name on a paper. As most of them were scattered around the country, where
some of them just inherit from the deceased heirs. According to Nik Mohd Zain, Chairman
of the Steering BIG Property Consultant,1 it was a difficult task to see all of the owners for
approval. If some of them is reluctant for consent, then the planning will be disrupted. The
only suggestion for solving the issue as the final step is the authority may use Section III (1)
(b) of Land Aquisition Act 1960 which provides the right to acquire land even without the
owner's consent.

12
5.0 Weakness of Malaysia’s Land Administration
According from the time immemorial, land is a very important source which is the sources
of wealth. Thus, land administration system, Torrens System had been promoted to ensure the
protection of the property rights. But, with the passage of time, the society had become more complex
and progress, the land administration certainty also needed to increase. There have many nation make
their industrial revolution and it had make the government recognized which the production of land
title is required to prove existence of title, so that no more uncertainty and perjury will be happen.
Dale & McLaughlin said that: “the land registration system is a system used in land administration
derecognizes formalized property rights and for regulating the character and transfer of these rights.”
the land registration improved by innovation led to the computerization of titles, but these are hardly
to control all the work without any teething problem. What is the weakness of this Malaysia’s Land
Administration, Torrens System?

This system always rejected or lack of acceptance by most jurisdictions. Torrens system is a
land administration system based on Australia Torren system and this system is a very old system.
So that most jurisdictions will worry the administration of this system loss its function in the future
which is 21st century. According to a case that shows the dark sides of the Torren System. There has
an article which is on 2008 November 17, at Kedah a case about 81 villagers claim to the government
officers seized and obtained their land which they had working on over the past 20 years. A
spokesman for the villagers, Jafree Don said that that land had been paid RM 50 by each villagers
started from 2003 as processing fees for their application for land titles can be processed. After 5
year ago, the government said that that land had been alienated to another people. “Based on the
Torrens System the register is everything, but if a land is not been issued in respect of a piece of land,
the land title will still is a state land and the government can give the land to anyone it like without
any discussion.” BUT at the years gone by, the government had made a promise on the authorities
will be given to the villagers one day soon who working on that same piece of land with a condition
which is pay fees RM 50. Then there was the problem on policy matter for the State Authority which
is no fair and transparent to the villagers and it was become the land alienation process to be hijacked
and abused.

The high initial expense in bringing the land under the registration acts also the one of the
weakness for the Torrens systems. Torrens System said that “all the people can get land title based
on registration” but the high initial expense under the registration acts is a big problem for who is in
poor. Torrens System will also change the additional expense when an owner’s or mortgagee’s
duplicate loss or destruction their certificate. Besides that, if the land has two types of registration
which is part registered and part unregistered, it will be filed in two different offices and it will also
cause the extra expense even to delay and possibility of mistake resulting the document. Even though
Torren System is a very good land administration system but if somebody cannot get a land title this
System will also loss its function by anytime.

13
 Other than that, the weakness of Torrens System also includes the cumbersome method and
procedures for filing instruments. At sometimes the memorial of an instrument on the certificate of
title will delay for appears. It is because Torren System is system of registration and it is carrying by
many processes therefore it is hardly appears all the instrument on time and it will finished in several
days. For the examples of filing of instruments such as who involved in a probate transfer may be
required for special statutory or judicial procedures for filing of the instruments, and all the process
will take a long time for appears his/her instrument. Besides that, if the system is administering by
whom in untrained, inexperienced or incompetent, it may cause the erroneous recitals and memorials.
In this situation there may be happen an instrument on a certificate of title possible omission and
wrong certificate of title.

14
6.0 Recommendation
Based on the weakness that we have discuss before, we have known that the Torrens system
in Malaysia got a lot of weakness. The weakness may cause a lot of problems happen. To reduce the
problems, we need to improve the weakness of the Torrens system in Malaysia.

First the weakness of Torrens system is this system always rejected or lack of acceptance
by most jurisdictions. To reduce this problem, we need to make sure all jurisdiction is totally known
about this system. To ensure the jurisdiction known about this system, we can introduce this system
via social media, newspaper, reference book and the extra. To mitigate this problem, we need to
improve the weakness of the Malaysia Torrens system and make sure it can function well in this 21st
century although it is an old system, but after improving it can also function like a new system in the
future and bring convenience to the management side. The world has become modern and the Torrens
system also need to improve. In the approaching century we can expect to see a system less prone to
fraudulent activity through the removal of the duplicate title, national surveying codes, a better way
of dealing with easements, remote computer title searches, the online electronic lodgement of all
plans and land transfer instruments and a number of other changes. The Torrens system must undergo
improve to keep pace with the changes of the world. The way to resolves this problem is the authority
need to dwell with the jurisdictions to ensure that the Torrens system can be accepted by the
judicature. The problem of this system always rejected or lack of acceptance by most jurisdiction can
be resolved if the judicature promise to accept this system.

Second, the weakness of the Torrens system is the high initial expense in bringing the land
under the registration acts. To mitigate this problem, we must decrease the fee for registration. How
can we to reduce the fee of registration? We can synthesis the multiple steps into one. So that we can
reduce the registration fee and reduce the time for registration. Besides that, the government also can
give discount of registration for a certain time. For example, the fees of registration can be give a
discount for a 20%, so that the price will become cheaper and it is given a chance to let the poor
people able to pay the registration fee. Furthermore, the government can also reduce the stamping
fee. For example, stamping fee of RM50 can reduce become RM30. So, the owner no need to spend
a high cost to register the land. Lower cost always is the aim that a system wants to achieve.

After that, the weakness of Torrens system is the cumbersome method and procedures for
filing instruments. To ensure the process of registration can smoothly carry out, the process of
registration must be handled by someone who had enough experience. Besides that, the judicature
must provide training for the employee of jurisdiction. This can effectively reduce the mistake in the
process of registration. Then, the complex process of registration also can be simplified by instead
the complicated and mess document to the e-document. This way can also convenient the owner to
check their land document via internet. It is also easier the owner to refer back the information about
their land and it can reduce the using of paper to protect the earth.

15
 In the conclusion, if all the weakness of Torrens system can be reduced and resolved, Torrens
system will be a good and modern system in 21st century and also in the future. Make a change from
an old system is always better than create a new system.

16
7.0 Conclusion
Over the past few years, the importance of good faith and equity in determining interests in
Torrens property has been affirmed and can provide grist for arguments to be made in future cases.
The prohibition of adverse possession of Torrens land has been expanded to situations where
ownership is established by means analogous to adverse possession. And boundary by practical
location now appears to apply to Torrens property even if there is no ambiguity in the legal
description, or dispute pre-existing registration. Although the Torrens system is the product of a
hundred-year-old statute, the law of registered property is dynamic.

Based on this assignment, we have learned that the land administration system in Malaysia
which is Torrens system is a good system, it has many advantages over the English Deeds System.
Although the Torrens system still have a lot of weakness, but after improving it will become a
comprehensive system. To overcome the weakness of this system, the authority must make a survey,
to understanding the dissatisfied of the people. Then, based on the suggest of the people to improve
the system. More important thing that must be remind here is the Government role to ensure all
people get their right in the name of justice.

17
8.0 References
Brendan.S n/d., Easement exchanges for agricultural conservation: a case study under the
Williamson act in california, viewed 13 December 2018,
<https://www.jstor.org/stable/43323845?seq=1#page_scan_tab_contents>

Ending a lease or rental agreement faqs n.d., viewed 8 December 2018,

<https://realestate.findlaw.com/landlord-tenant-law/ending-a-lease-or-rental-agreement-faqs.html>

Farouq 2012, Subdivision, partition and amalgamation, viewed 8 December 2018,

<https://www.slideshare.net/AhmadFarouqAmir/subdivision-partition-and-amalgamation-
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