Sr Gs Dr Siti Nur Aliaa Roslan

LAND
▪ The surface of the earth and all substance
forming that surface;
▪ The earth below the surface and all substance;
▪ All vegetation and other natural products,
whether or not requiring the periodical
application of labour to their production, and
whether on or below the surface.
▪ All things attached to the earth or permanently
fastened to any thing attached to the earth,
whether on or below the surface;
▪ Land covered by water.
WHAT IS STATE LAND
▪ “State Land” means all the land in the state (including bed of
any river, foreshore and bed of the sea, as is within the
territories of the State or the limits of the territorial waters) ,
other than
▪ Alienated land
▪ Reserved land
▪ Mining land
▪ Reserved forest.
WHAT IS….
▪ State Authority
▪ Ruler or Governor of the State
▪ Reserved Land
▪ Land for the time being reserved for a public purpose
in accordance with the provisions of section 62 or of
any previous land law.
▪ Final Document of title
▪ Any document of title relating to land held under final
title, or prepared for the purpose of its being so held;
▪ Final title
▪ Registry Title, Land Office Title , Subsidiary Title (all
forms of title other than qualified title)
▪ Land Office Title
▪ Title evidenced by Mukim grant or Mukim lease, or by any
document of title registered in a Land Office under the provision of
any previous land law.
▪ Registry Title
▪ Title evidenced by a grant or State Lease, or by any document of
title registered in a Registry under the provisions of any previous
land law.
▪ Subsidiary Title
▪ Title issued under this Act to any of the individual parcels within a
building which has been sub-divided (Strata Act).
Week 3 part 1
SECTION 40
▪ Property in State Land, mineral and rock material
▪ There is and shall be vested solely in the State Authority the entire
property in –
▪ (a) all State Land within the territories of the State
▪ (b) all mineral and rock material within or upon any land in the State the
rights to which have not been specifically disposed of by the State
Authority.
SECTION 41
▪ Power of disposal of State Authority, and
rights in reversion, etc.
▪ Without any prejudice to its powers and rights
under any written law for the time being force, the
State Authority shall have –
▪ (a) all the powers of disposal conferred by section 42 with
respect to –
▪ (i) property vested in It under section 40
▪ (ii) reserved land
▪ (iii) mining land
which powers shall be exercised in such manner and to such
extent as is authorized by the provisions of this Act and not
otherwise; and
▪ (b) all the rights in reversion and other similar rights
conferred in it by section 46.
▪ State Authority are responsible on Land.
▪ Land can be dispose to other parties in following
condition (refer section 42)
▪ Alienate the State Land accordance with the provisions
of section 76.
▪ To reserve State Land
▪ To permit the occupation of State Land, reserved land
and mining land under temporary occupation
licences.(TOL –Temporary Occupation license)
▪ To permit the extraction and removal or rock material
from any land, other than reserved forest.
▪ To permit the use of air space on or above State Land or
reserved land
LAND DISPOSAL
SECTION 76
▪ Meaning of alienation
▪ The alienation of State land under this Act shall
consist of its disposal by the State Authority –
▪ (a) for a term not exceeding ninety-nine years;
▪ (aa) in perpetuity –
▪ (i) where the Federal Government requires the State Authority
to cause a grant in perpetuity to be made to the Federal
Government or to a public authority or where the Federal
Government and the Government of the state agree to make a
grant in perpetuity to the Federal Government;
▪ (ii) where the State Authority is satisfied that the land is to be
used for a public purpose; or
▪ (iii) where the State Authority is satisfied that there are special
circumstances which render it appropriate to do so;
(b) In consideration of the payment of an annual rent;
(c) In consideration, unless the State Authority thinks fit to exempt
therefrom in any particular case, of the payment of a premium;
(d) Subject, unless the State Authority otherwise direct pursuant to
sub-section (5) of section 52, to a category of land use
determined in accordance with sub-section (2) and (3) of that
section; and
(e) Subject to such conditions and restrictions in interest as may
be imposed by the State Authority under, or are applicable
thereto by virtue of, any provision of this Act:
▪ Provided that nothing in paragraph (aa) shall
enable the State Authority to dispose of any
part of the foreshore or sea-bed for a period
exceeding ninety-nine year; and paragraph (d)
shall not apply to the alienation of land under
this Act in pursuance of an approval given by
the State Authority before the commencement
thereof.
REGISTRATION OF TITLE
▪ Land title is the prove of ownership of the land.
▪ With the land title, the owner can transfer the title, mortgage,
use and easement on the land.
▪ The information on the title
▪ Owner
▪ Land location and information
▪ Tax
▪ etc
▪ As an example -- LOT 1002, Mukim Z, Daerah Y
▪ Before register the final title, need to survey according to
section 396.
▪ PA (certified plan) are then can be transfer to Final Title.
▪ If the measurement are still pending, owner of the land can
apply for Qualified title (QT).
▪ Therefore, there have 2 types of registered title
▪ Final title (Permanent)
▪ Qualified title (before measurement sec396)
SECTION 77
▪ Titles under which land may be alienated
▪ (1) the titles under which State land may be alienated under this Act
are –
▪ (a) Registry title and Land Office title (being forms of final title) ; and
▪ (b) Qualified title.
▪ (2) land maybe alienated under qualified title at any time after its
alienation has been approved by the State Authority, but may not be
alienated under either of the forms of final title aforesaid unless—
▪ (a) it has been surveyed in accordance with the provisions of section 396(
whether for the purposes of the alienation in question or on some
previous occasion); or
▪ (b) having been surveyed under any previous land law, it is shown on a
certified plan prepared on that survey and adopted by the Director of
Survey and Mapping for the purposes of this Act.
▪ (3) Of the said forms of final title –
▪ (a) Registry title shall be appropriate in the case of-
▪ (i) town or village land;
▪ (ii) any lot of country land exceeding four hectares in area; and
▪ (iii) any part of the foreshore or sea-bed; and
▪ (b) Land office title shall be in the case of any lot of country
land, not exceeding four hectares in area:
▪ Provided that –
▪ (i) the State Authority may if it thinks fit, on approving the
alienation of any country land, direct that the land shall
ultimately be held under Registry title notwithstanding that its
area does not exceed four hectares; and
▪ (ii) the foregoing provisions shall have effect subject to
section 11 of the Land (Group Settlement Areas) Act 1960,
under which Land Office title is required to be issued in
respect of all holdings under that Act.
HOW ALIENATION IS EFFECTED
▪ Section 78(3)
▪ (1)The alienation of State Land under final title
shall be effected in accordance with the provisions
of Chapter 3.
▪ (2)The alienation of State Land under qualified title
shall be effected in accordance with the provisions
of chapter 2 or Part eleven.
▪ (3)The alienation of State Land shall take effect
upon the registration of a register document of title
thereto pursuant to the provisions referred to in
subsection (1) or (2), as the case maybe; and,
notwithstanding that its alienation has been
approved by the State Authority, the land shall
remain State Land until that time.
REVIEW
▪ Land regards as Qualified title, cannot be—
▪ i) Sub-division
▪ Ii) Partition
▪ Iii) Amalgamation
▪ The aim of Qualified Title is to help the
applicant (owner) who are the owner in
transfer of the title, subdivision, partition,
amalgamation to transfer the title, mortgage,
etc to other parties before the measurement
is completed (section 396).
DIFFERENT BETWEEN FINAL TITLE AND
QUALIFIED TITLE
▪ (section 92(2) )
▪ The rights exercisable by any person or body to
whom State land has been alienated under final title
shall include the following –
▪ (a) the right (subject to the provisions of this Act and to any
restriction in interest to which the land is for the time being
subject) to sub-divide or partition the land, or amalgamate it
with other land.
▪ (b) the right (subject as aforesaid) to sub-divide any building.
▪ (c) the right to effect transfers, leases, charges, surrenders,
and any other dealings.
▪ (d) the right (subject as aforesaid, and subject also to the
provisions of his personal law and of any other law for the
time being in force relating to the disposition or devolution of
property on death) to dispose of the land, or any undivided
share therein, by will.
THE RIGHTS UNDER FINAL TITLE
▪ Subdivide
▪ Partition
▪ Amalgamation
▪ Subdivide building
▪ Transfer, lease, charge, surrender ..etc
▪ Dispose of land
QUALIFIED TITLE
▪ Section 176 – Purposes and effect
▪ (1) The purpose of qualified title are—
▪ (a) to enable land to be alienated in advance of survey.
▪ (b) to enable title to be issued in advance of survey
▪ (i) to the individual portions into which any alienated land is to be sub-
divided or partitioned, or
▪ (ii) to the combined area to be formed by the amalgamation.
▪ (2) Qualified title shall confer on the proprietor the like rights in
every respect as those conferred ( as mentioned in section 92) by
final title, save that
▪ (a) the boundaries of the land shown on the document of title there to
shall be provisional only except so far as any of them may have been
established by any earlier survey; and
▪ (b) unless otherwise provided for under this Act, the land shall not be
capable of being sub-divided or partitioned, or included in any
amalgamation , nor shall any building theron be capable of sub-divisions
SECTION 77
▪ Titles under which land may be alienated
▪ (1) the titles under which State land may be alienated under this Act
are –
▪ (a) Registry title and Land Office title (being forms of final title) ; and
▪ (b) Qualified title.
▪ (2) land maybe alienated under qualified title at any time after its
alienation has been approved by the State Authority, but may not be
alienated under either of the forms of final title aforesaid unless—
▪ (a) it has been surveyed in accordance with the provisions of section 396(
whether for the purposes of the alienation in question or on some
previous occasion); or
▪ (b) having been surveyed under any previous land law, it is shown on a
certified plan prepared on that survey and adopted by the Director of
Survey and Mapping for the purposes of this Act.
▪ (3) Of the said forms of final title –
▪ (a) Registry title shall be appropriate in the case of-
▪ (i) town or village land;
▪ (ii) any lot of country land exceeding four hectares in area; and
▪ (iii) any part of the foreshore or sea-bed; and
▪ (b) Land office title shall be in the case of any lot of country
land, not exceeding four hectares in area:
▪ Provided that –
▪ (i) the State Authority may if it thinks fit, on approving the
alienation of any country land, direct that the land shall
ultimately be held under Registry title notwithstanding that its
area does not exceed four hectares; and
▪ (ii) the foregoing provisions shall have effect subject to
section 11 of the Land (Group Settlement Areas) Act 1960,
under which Land Office title is required to be issued in
respect of all holdings under that Act.
SUMMARY
▪ Section 77(3) indicated that, forms of registry title
▪ Town land or village land
▪ Country lot that >4 hectares
▪ Any part of sea bed or foreshore.

▪ Land Office title appropriate in any lot of country land, < 4

hectares.
SOME EXAMPLE
▪ What are the action/advise can be taken regarding the
following cases,
▪ A lot owner does not allowed a land surveyor ZZZ to survey the
boundary of his land lot.
▪ A land lot owner complained that the boundary mark was remove
by his neighbor, and he wants to appoint a land surveyor to replace
the boundary marks.
▪ A land owner want to amalgamate the land lot which are 3 hectares
each under Land Office Title.
ANSWER
▪ A lot owner does not allowed a land surveyor ZZZ to survey the
boundary of his land lot.

▪ This should not be happened.

▪ According to section 400 NLC.
▪ According to section 114 NLC.
SECTION 400
▪ Notice to secure attendance for purpose of
pointing out boundaries, etc.
▪ (1) a Survey Officer may cause a notice in Form 29A to
be served on any person owning, occupying, applying
for or otherwise interested in , or employed on or in
connection with, any land which the officer is required
to survey (or any land abutting thereon) calling upon
that person to attend before him, at a time and place to
be stated in the notice, for the purpose of –
▪ (a) Pointing out the boundaries of the land; or
▪ (b) Rendering aid in emplacing or repairing boundary marks;
or
▪ (c) Affording other information or assistance for the purpose
of the survey.
SECTION 114
▪ Boundary Marks
▪ All alienated land shall be subject to the following implied
conditions relating to the boundary-marks thereof –
▪ (a) that the proprieter will take all reasonable steps to prevent their
damage, destruction or unlawful removal.
▪ (b) that the proprietor will, if any of them are damaged, destroyed
or unlawfully removed, give immediate notice of the fact to the Land
Administrator, or to the penghulu having jurisdiction in the area in
which the land is situated.
▪ (c) that the proprietor will, if so required by the Land Administrator,
at his own expense clear any boundary line between any of them.
▪ A land lot owner complained that the boundary mark was remove
by his neighbor, and he wants to appoint a land surveyor to replace
the boundary marks.
▪ His neigbour should apply for permission and reason of remove the
boundary marks.
▪ Refer to section 404 NLC
▪ Section 114 about the boundary mark.
▪ The neighbour should penalized according to Section 403
SECTION 404
▪ Removal and alteration of boundary marks
▪ (1) where a person requires the temporary or permanent removal
or alteration of a boundary mark, he may make written application
in that behalf to the Land Administrator, stating the reasons for his
application.
▪ (2) where the Land Administrator approves an application made
under subsection (2) –
▪ (a) he shall inform the Director of Survey and Mapping
▪ (b) the Director of Survey and Mapping shall arrange for the boundary
mark to be moved or altered in accordance with the request.
▪ (3) The cost of the removal or alteration of a boundary mark under
this section shall be defrayed by the applicant and, if not so
defrayed, shall be recoverable from him as a debt due to the State
Authority.
SECTION 403
▪ Penalty for interference with boundary marks
and survey reference marks
▪ Any person who, without the authority of the Director of
Survey and Mapping, willfully destroys, damages,
defaces, moves or otherwise interferes with a boundary
mark or a survey reference mark shall be guilty of an
offence and on conviction –
▪ (a) shall be liable to a fine not exceeding RM500; and
▪ (b) may in addition to or place of that penalty be ordered to
pay to the State Authority in the case of a boundary mark, and
to the Survey and Mapping Department in the case of a
survey reference mark, a sum (recoverable as a fine) not
exceeding three times the cost of repairing or re-emplacing
the boundary mark or survey reference mark and of making
any survey rendered necessary by the act in respect of which
he was convicted.
▪ A land owner want to amalgamate the land lot which are 3 hectares
each.

▪ Refer to section 146 (2)

▪ Land more than 4 hectare should register in state registry title.
SECTION 146
▪ (1) Any person in whom two or more contiguous lots of
alienated land are vested under separate Registry or Land
Office titles may, with the approval under this Chapter of the
State Director or Land Administrator, as provided by sub-
section (2), amalgamate those lots into one, to be held by him
under a single title.
▪ (2) In the absence of any direction to the contrary by the State
Authority, the approval required by sub-section (1) shall be
given by the Land Administrator where the lots to be
amalgamated are all held under Land Office title, and their
combined area will not exceed four hectares, and by the State
Director in every other case.
▪ Mr Ali want to subdivide the 2 acre lot, which
is in agriculture category to 8 parts of lot for
building purpose.

▪ 2 acres lots , agriculture land.

▪ For agriculture, minimum is 1 acre
▪ For building purpose, area need to suit a building.
▪ 2/8 acre = ¼ acre for each lot.
▪ Refer to section 124, Mr Ali need to apply to switch
the agriculture category for building purpose.
SECTION 124
▪ (1) the proprietor of any alienated land may apply to the State
Authority under this section for
▪ (a) the alteration of any category of land use to which the land is for
the time being subject or, where it is not so subject, for the
imposition of any it is not so subject, for the imposition of any
category thereon.