VARIATION OF

CONDITIONS,
RESTRICTION AND
CATEGORIES
• Land owner (proprietor) can apply to the State Authority
for (section 124):-
• Alteration of any category of land use. (Agriculture land, Building,
Industry)
• The rescission of any express condition or restriction in interest
endorsed in the document of Title. (removal of expression “padi”,
”getah”
• The removal from the document of title of the expression “rubber”,
“kampung” or any other expression pertaining to land use.
• The amendment of any express condition or restriction of interest
endorsed on the document of Title.
• Form 7C
• Application for variation of conditions, restriction and categories of
Land

• Form 7D
• Application for variation of conditions, restrictions and categories in
respect of proposed sub-divisional portions of Land.
• The forms and application are attached with:-
• Application fees
• Plan
• forms
• Agreement from other parties that have interest on the land.
• If the application approve by the land
administrator, land administrator will appoint
the Settlement Officer collect the information
about the land and prepare a report.
(category of land, location, land use, etc)
• Land Administrator need to refer to other
department such as dept. Agriculture, JPT, etc.
• State Authority are responsible on approve all
the application. To shorten the procedure,
land administrator has the right to approve
the application on switching the category of
land use (agriculture) such as (dusun, kelapa,)
• For other cases, Land Administrator need to
prepare a written documents for State
Authority.
FORMAT

• Title ( types of application, information of the land, lot number,

location, size)
• Application (sek 124(1))
• Detail about land
• Location of land
• Comment from other dept.
• Certified by Land Administrator
• Approve the application
• Premium rate
• New taxes rate
• Compliance with other requirement
WHEN GET APPROVED

• Land Administrator will

• Inform the proprietor about the application status
• The new payment of premium
• Changing in the register and issue documents according to section
124(7)
SUB-DIVISION OF LAND

PARTITION OF LAND

AMALGAMATION OF LAND
SUB-DIVISION OF LAND

• Land which is belongs to final title (Registry or Land Office

title) is subdivided into 2 or more part of the land, each of
the land can either belongs to 1 owner or many owners
that register under separate title.
POWER OF APPROVAL

• In section 135(2), in the absence of any direction to the

contrary by the State Authority, the approval shall be given
• By the State Director in the case of the land held under Registry
Title
• By the Land Administrator in the case of land held under Land Office
Title.
APPLICATION FOR APPROVAL

• Application for land sub-division should write to

Land Administrator together with form 9A, and:-
• Fees
• A pre-computation plan of the land showing the details
of the sub-division.
• A copy of approval required under paragraph 13b
(1)(c).
• All written consent to the making of the application as
are required under paragraph 13b(1)(e).
CONDITION FOR APPROVAL

• Sub-division would not contravene any restriction in

interest.
• Sub-division would not be contrary to the provisions of any
written law.
• Any necessary approval of planning authority.
• Sub-division would not contrary to any plan approved by
State Authority for the development of the area in which
the land is situated, or to any decision of any planning
authority for that area.
• The subdivision has the consent of any body or authorities.
• No item of land revenue is outstanding in respect of the
land.
• In the case of land subject to category “agriculture”
purpose, will not less than 2/5 hectares (~ 1 ekar).
• Sub-division land may not less than the minimum area
appropriate for land of the class or description.
• Except in the case of any sub-divisional portion from which
there will be direct access thereto, a satisfactory means of
access will be available as of right from each such portion
either to a road, a river , a part of the foreshore or a
railway station ,or to a point within the land from which
such a means of access will be available or be capable of
being obtained by application to the Land Administration.
PARTITION OF LAND

• Land which register under Registry title or Land Office

title.
• 2 or more registered owner.
• Partition to give separate title to every proprietor.
POWER OF APPROVAL

• In section 140(2), in the absence of any direction to the

contrary by the State Authority, the approval shall be given
• By the State Director in the case of the land held under Registry
Title
• By the Land Administrator in the case of land held under Land Office
Title.
CONDITION OF APPROVAL
(SECTION 141)
• Each of the co-proprietor has either joined in or consented
are agreed.
• The area of the land should partition to equal with the
number of proprietors, if not specifically request.
• Approved by the planning authority.
• Sub-division would not contrary to any plan approved by
State Authority for the development of the area in which
the land is situated, or to any decision of any planning
authority for that area.
• The subdivision has the consent of any body or authorities.
• No item of land revenue is outstanding in respect of the
land.
• In the case of land subject to category “agriculture”
purpose, will not less than 2/5 hectares (~ 1 ekar).
• Partition land may not less than the minimum area
appropriate for land of the class or description.
• Road Access to each partition.
APPLICATION FOR APPROVAL

• Form 9b
• Fees
• A plan of the land on a scale sufficient to satisfy the Land
Administrator of all the details of the partition. (pre-comp
plan)
• Application for partition by majority co-proprietor.
AMALGAMATION OF LANDS

• Two or more contiguous lots of alienated land, which are

vested under separate Registry or Land Office titles, are
amalgamate into one, to be held under a single title.
• Lots which are not situated in the same mukim, town
or village cannot be amalgamated.
• Lots which are situated in same mukim, town or
village cannot be amalgamated if one of the land under
registry title and other under land office title.
• Two or more lots shall be taken to be contiguous if
each of them shares one boundary at least in
common with another of them.
APPROVAL FOR AMALGAMATION

• In the absence of any direction to the contrary by the State

Authority, the approval are given by the Land Administrator
where the lots to be amalgamated are all held under land
office title, combined area not exceed four hectares.
• Approval by State Director
• Where the lots to be amalgamated are all held
under land Office title, and the combined area
exceed four hectares
• Lots are held partly under Registry Title and
partly under Land Office Title.
• Any other dissimilarity exits
• The periods for which they are held
• The rates at which rent is payable
• The categories of land use, condition and restriction
in interest to which they are subject.
APPLICATIONS FOR APPROVAL

• Any application for approval of the amalgamation of any lots

shall be made in writing to the Land Administrator in Form
9c AND:
• Fees
• A plan showing the lots to be amalgamated
• Approved by the planning authority.
• Letter of approval from all parties.
 QUESTION – NATURAL
BOUNDARY
Shoreline???-garisan pesisir Foreshore??? = pesisir depan

Shore?? = pantai Sea Bed??? = dasar laut

Shoreline
Shore Flood tide
Foreshore

Ebb tide

Sea Bed
SECTION 353(3)

• Natural boundary that are appeared before NLC

1965, need to re-survey
• Director of Survey needs to
• Marking boundary marks (section 396)
• Compute area
• New lot number (if needed)
• Certified plan that contain boundary lines, lot number,
area, boundary marks
• Cost pay by the State Authority
QUESTION 2

• Ali has a land lot. A river( natural boundary) are within the
boundary of lot. Ali wants to sub-divide the land to get
separate title for divided land lot.
• State out what action can be taken, to subdivide the land lot.
• Marking of boundary marks for natural boundary.
• Type of land use
• Agriculture (>1 ekar)
• Other purpose (suit to land use)

• Apply to get qualified title

QUESTION

• Type of form that used to apply for switching of conditions,

category of land use?

• Explain the definition of Subdivision of land and Partition of

land?
THE END