IMPORTANCE OF LAND

LAW…

"Land is elemental: it is where life begins and

it is where life ends. Land provides the
physical substratum for all human activity; it
is the essential base of all social and
commercial interaction. K Gray & S F Gray,
Elements of Land Law (4th edn OUP, Oxford
2005)

Land Law … [is] of crucial relevance to our

social, political and economic life. S Bright & J
Dewar, Land Law: Themes & Perspectives
(OUP, 1998)

[M]ore than any other area of law, land law

affects every single one of us throughout our
lives. D Chappelle, Land Law (7th edn.
Pearson, 2007)
 LAND MATTERS
LAND ADMINISTRATION & LAND ACQUISITION

A. SCOPE OF DISCUSSION

Land laws in general

Land laws and other related laws

relating to development, in general

Lands laws – specific topics

Disposal of State Land

(TOL, permit, ect. & reversion)

Land administration
(includingcategories, amalgamation,
subdivision & partition and strata title)
Land acquisition
(2 types of acquisitions)
 WHAT IS
LAND…?????
ACCORDING TO
NLC, SECTION 5: INTERPRETATION:-

"land" includes -

(a) that surface of the earth and all substances

forming that surface;

(b) the earth below the surface and all substances

therein;

(c) 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;

(d) all things attached to the earth or permanently

fastened to any thing attached to the earth, whether
on or below the surface; and

(e) land covered by water;

 B. DEFINITION

“Land”

(a) Land – soil, hill/mountain, lake, pond.

(b) Landed property – Building, road, bridge,

railway tract.

(c) Fixtures and Chattels– Doors, air-

conditioners, attached cupboards, ceiling
fans, mural, trees on land (except trade
fixtures, tenant fixtures, ornament fixtures)
(eg. Chandeliar).

(d) Although not permanently attached to

earth, but the structure is so heavy e.g.
fuel tanks in Socfin. v. Chairman Town
Council, Penang (1964) MLJ 325.
 DIFFERENCE BETWEEN
FIXTURES AND
CHATTELS…
FIXTURE
CHATTEL
A fixture is
A chattel is when
when an item is
an item even if
attached to the
attached to the
land and
land, it is
immovable.
removable.
-Therefore it
-Therefore It shall
shall form part
not form part of
of land
land

• Neither fixture nor chattel is defined in our Code.

• The application of the English Law of Fixture in
Malaysia is decided in the case of

Goh Chong Hin v. Consolidated Malay Rubber

(1924) 5 FMSLR 86, by Sproule J,
“that English law of fixtures is applicable
and reffered to in Malaysia.”
 2 test – whether an item is a
fixture or chattel?
1. The degree of annexation; and
2. The purpose of annexation

THE DEGREE OF ANNEXATION

a) To what extent an item is affixed or attached to the land.
It may be strongly or slightly attached or it may be
resting by its own weight to the land. A machinery which
is affixed with nuts and bolts to the floor is prima facie a
fixture.
b) To what extent an injury will be caused to the item
upon its removal.

THE PURPOSE OF ANNEXATION

ask the reason why and the intention of the person who
annexed or attached the item to the land…
Is it :-
For the enhancement of the value of the land??
For better use of the item as a chattel itself??
DISPOSAL OF LAND
Who holds the POWER…?
41. Powers of disposal of State Authority,
and rights in reversion, etc.

Without prejudice to its powers and rights

under any other written law for the time
being in
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, and
(iii) mining land,
which powers shall be exercised in such
manner and to such extent as is authorised
by the provisions of this Act, and not
otherwise; and
(b) all the rights in reversion and other
similar rights conferred on it by section 46
 What is the POWER???
42. Powers of disposal.

(1) Subject to sub-section (2), the State Authority

shall have power under this Act-

(a) to alienate State land in accordance with the

provisions of section 76;
(b) to reserve State land, and grant leases of
reserved land, in accordance with the
provisions of Chapter 1 of Part Four;
(c) to permit the occupation of State land, reserved
land and mining land under temporary occupation
licences issued in accordance with the provisions of
Chapter 2 of Part Four;
(d) to permit the extraction and removal of rock
material from any land, other than reserved forest, in
accordance with the provisions of Chapter 3 of Part
Four;
(e) to permit the use of air space on or above
State land or reserved land in accordance with the
provisions of Chapter 4 of Part Four provided that
such air space shall be within the confines of a
structure of any description erected thereon; and
 REVERSION OF ALIENATED LAND TO
THE STATE AUTHORITY

Section 46 NLC

❖ Expiry of the term

❖ Order of forfeiture on the ground of

non-payment of rent or breach of
condition

❖ Death of proprietor without

successors, and abandonment of title

❖ Upon surrender

❖ Encroachment of alienated land by

sea or river
C. DISPOSAL OF STATE LAND
OTHER THAN ALIENATION

Reservation

Sections 62 – 64 NLC

62. Power of reservation

63. Power of lease reserved land
64. Revocation of reservation

TOL

Sections 65 – 69 NLC

65. Power of license state land, mining

land and reserved land
66. Issue of TOL
67. Duration
68. Non-transferable of license
69. Combine TOL and PERMIT
 RESERVATION
Section 62. Power of reservation of
State land.

(1) The State Authority may by notification in

the Gazette reserve any State land for any
public purpose.

(2) Any notification gazetted under sub-section

(1) shall -

(a) describe the reserved land;

(b) describe the purpose for which the land

is reserved;

(c) designate the public officer for the time

being having the control of the reserved land;

(d) be conclusive evidence that the land

so described is reserved for a public purpose.
 RESERVATION
Section 62. Power of reservation of
State land.

(3) Copies of any such notification shall be published in

accordance with the provisions of section 433.

(4) Without prejudice to the provisions of any other

written law for the time being in force, reserved land
shall not be -

(a) disposed of by the State Authority except to the extent

permitted by, and in accordance with the provisions of,
section 63 and Chapters 2, 3 and 4 of this Part, or

(b) used for any purpose other than that

for which it is reserved except in
pursuance of a disposition made by
virtue of any of those provisions.
Section 63. Power to lease reserved
land.

(1) The State Authority may, on an application made

by the officer for the time being having the control of
any reserved land, or by any other person or body
who has first obtained the approval of that officer,
from time to time grant leases of the whole or any
part thereof for any period not exceeding twenty-
one years.

(2) Any lease granted under this section shall be in

Form 4E; and any such lease shall have effect
subject to such express condition or other
provisions as may be contained therein and, so far as
not inconsistent therewith, to any other conditions or
provisions which may be prescribed.
Section 64. Revocation of
reservation.

(1) The reservation of any land for a public purpose

(whether effected under this Act or the provisions of
any law in force at any time before the commencement
thereof) may, subject to sub-section (2), be revoked by
the State Authority at any time, either as respects
the whole of the land or as respects any part or parts
thereof.

(2) Where it is proposed to revoke any reservation in

pursuance of sub-section (1), notice of the proposal
shall be published in the Gazette together with details
of a time and place at which an enquiry will be held
with respect thereto by the State Director; and the State
Authority -
Section 64. Revocation of
reservation.

(a)shall not revoke the reservation until it has

considered a report by the State Director setting
out the nature of any objections to the proposal
received by him at the enquiry, and his observations
thereon and on the proposal generally, but

(b) may thereafter revoke the reservation, either in

accordance with the proposal as published, or in
accordance with the proposal modified in such respects
as the State Authority may consider necessary or
desirable.

(3) Copies of any notice published under sub-section

(2) shall be published in accordance with the provisions
of section 433.

(4) Any lease of reserved land subsisting at the time

the reservation is revoked under this section shall
continue in force notwithstanding the revocation.
 TOL
CHAPTER 2 - TEMPORARY OCCUPATION OF LAND

Section 65. Power to licence temporary occupation

of State land, mining land and reserved land.

(1) The State Authority may, in accordance with the

provisions of this Chapter and of any rules under section
14, permit the temporary occupation under licence of -

(a) State land;

(b) mining land not for the time being used for the
purposes of mining;

(c) reserved land not for the time being used for the
purposes for which it was reserved.

(2) Temporary occupation licences may be issued for any

purpose other than one prohibited by sub-section (2) of
section 42
 42. Powers of disposal.

(2) Nothing in this Act shall enable the State Authority-

(a) to dispose of any land for the purposes of mining

(within the meaning of the Mining
Enactment);

(b) to permit the extraction or removal of rock

material from any land for the purpose of
obtaining metal or mineral therefrom;

(c) to dispose of any land for the purpose of the

removal of forest produce therefrom; or

(d) to alienate any land so as to have the effect of less

than two-fifths of a hectare of land
subject to the category "agriculture" or to any
condition requiring its use for any
agricultural purpose being held by more than one
person or body, provided that the
State Authority may, under exceptional circumstances,
alienate such land to more than
one person or body notwithstanding that it is less than
two-fifths of a hectare.
Section 67. Duration, conditions, etc.,
and form of temporary occupation
licences.

(1) Except in so far as it is otherwise

prescribed, every temporary occupation licence
other that one to which section 69 applies (that
is to say, a temporary occupation licence
combined with a permit to extract and remove
rock material) shall be issued for a term
expiring not later than the end of the calendar
year in which it commences and subject to sub-
section (3) may be renewed annually:

Provided that a licence issued for the purpose

of enabling any public exhibition or
entertainment to be held may be issued for
such other term as may be appropriate in the
circumstances.
Section 67. Duration, conditions, etc.,
and form of temporary occupation
licences.

(2) Every temporary occupation licence shall

have effect subject to such provisions as may
be contained therein and so far as not
inconsistent therewith, to any other provisions
which may be prescribed.

(3) Subject to the condition under which a

temporary occupation licence is issued, the
Land Administrator may on the application of
a licensee renew such a licence for term of
not more than one calendar year:

Provided that there shall not be more than

three renewals made in respect of a
temporary occupation licence unless a prior
written approval of the State Authority has
been obtained.
Section 68. Temporary
occupation licences not
capable of transfer or
transmission on death.

Except so far as is otherwise

prescribed, a temporary occupation
licence shall not be capable of
assignment; and every such licence
shall, except as provided in section
416, terminate on the death of the
person, or dissolution of the body, for
the time being entitled to the benefit
thereof
 RIGHTS OVER THE ALIENATED LAND

❖ Indefisibility of title

Section 340 NLC

❖ Right of exclusive use and enjoyment

Section 44 NLC & limitation

❖ But…..

Subject to Article 13, Federal Constitution

Section 340. Registration to confer
indefeasible title or interest, except in
certain circumstances.

(1) The title or interest of any person or body for the time
being registered as proprietor of any land, or in whose
name any lease, charge or easement is for the time being
registered, shall, subject to the following provisions of this
section, be indefeasible.

(2) The title or interest of any such person or body shall not
be indefeasible -
(a) in any case of fraud or misrepresentation to which
the person or body, or any agent of the person or body,
was a party or privy; or

(b) where registration was obtained by forgery, or by

means of an insufficient or void instrument; or

(c) where the title or interest was unlawfully acquired

by the person or body in the purported exercise of any
power or authority conferred by any written law.
Section 340. Registration to confer
indefeasible title or interest, except in
certain circumstances.

(3) Where the title or interest of any person or

body is defeasible by reason of any of the
circumstances specified in sub-section (2) -

(a) it shall be liable to be set aside in the hands

of any person or body to whom it may
subsequently be transferred; and

(b) any interest subsequently granted thereout

shall be liable to be set aside in the hands of any
person or body in whom it is for the time being
vested:

Provided that nothing in this sub-section shall

affect any title or interest acquired by any
purchaser in good faith and for valuable
consideration, or by any person or body claiming
through or under such a purchaser.
Section 44. Extent of disposal:
general.

(1) Subject to the provisions of this Act and of

any other written law for the time being in force,
any person or body to whom (under this Act or a
previous land law) land has been alienated,
reserved land has been leased or
temporary occupation licence (including a
licence so styled under a previous land law) has
been granted in respect of any land, shall be
entitled to -

(a) the exclusive use and enjoyment of so

much of the column of airspace above the
surface of the land, and so much of the land
below that surface, as is reasonably necessary
to the lawful use and enjoyment of the land;
Section 44. Extent of disposal:
general.

(b) the right to the support of the land in its

natural state by any adjacent land, and all
other natural rights subsisting in respect thereof;
and

(c) where the land abuts on the foreshore or any

river or public place, but subject to any express
provision in the document of title, lease or
licence, a right of access thereto.

(2) For the purposes of paragraph (c) of sub-

section (1), land shall be taken to abut on a river
or road notwithstanding that it is separated
therefrom by land retained by the State
Authority for use in conjunction therewith, or for
purposes connected with the maintenance or
preservation thereof
 Article 13. Rights to property.

(1) No person shall be deprived of property

save in accordance with law.

(2) No law shall provide for the compulsory

acquisition or use of property without
adequate compensation
 LAND ACQUISITION

Land needed for Land needed for

“Federal Purposes” “People”
- Acquisition under - Acquisition under
Federal Constitution Land Acquisition
Act 1960
- Federal acquiring State Land

WARNING ! !
COMPLY ARTICLE 13,
FEDERAL CONSTITUTION

Articles 83-88 The legal

“Federal Purposes” process under
- Art. 160 (2) Federal the Act
Constitution
 Once disposed, what
will the right then…???

ENJOYMENT OF
LAND

✔ Right to use and possess

✔ To get benefit
✔ To get advantages
✔ Natural rights
✔ To get the best out of it
WHY ENJOYMENT IS
IMPORTANT?
• To exercise the right that
was given to us as land
owner , licensee or lessee

• To get benefit out of the land

e.g cultivation, develop it,
deal with it, convey it, rent it,
make capital out of it etc.
HOW DO WE ENJOY LAND?

Not absolute (it is qualified)

There are 4 limitations (Sec. 44
NLC)
1. Conditions or restrictions
imposed by the NLC
2. Limitations imposed by other
laws
3. Enjoyment must be
reasonable
4. It is necessary for you to
enjoy it
TYPES OF RIGHTS

❑ PARAMOUNT RIGHTS
(SECTION 44)

❑ SUBSIDIARY RIGHTS
(SECTIONS 45)
ACQUIRED
RIGHTS

The right derives from

agreement between
parties example:

“ right to access”

- easement

(cross refer: LAROW

(Land Administrator’s Right of
Way)
-applicable when no easement is
WHO CAN ENJOY THE
PARAMOUNT AND
SUBSIDIARY RIGHTS?

1. Proprietor of alienated
land

2. Lessee of reserved land

3. Licensee of State land,

reserved land and
mining land
PARAMOUNT RIGHTS
(NATURAL RIGHT RIGHTS
– SEC. 45

❖ Right to enjoy the

column of the air
space

❖ Right to support from

the adjoining land

❖ Right to access
SUBSIDIARY RIGHTS
(LIMITED RIGHTS –
SECTION 45)

To extract, move or use

rock material

To fell, clear, destroy,

remove forest produce

To extract any metal or

mineral
 PARAMOUNT RIGHTS
(NATURAL RIGHTS –
SEC. 44)

Explains the paramount rights

provided by the Torrens System
which includes:
(a) Exclusive use and enjoyment of
column of air space above the
surface of land as reasonably
necessary to the lawful use and
enjoyment of the land;
(b) The right to support of the land
in its natural state by adjoining
land;
(c) Right of access to foreshore,
river or public place
NATURAL RIGHTS

The right comes

together with the land
example:
▪ Right to air/air space/
light
▪ Right to support
▪ Right to access
(based on the Common
Law principles)
PARAMOUNT RIGHTS

NATURAL RIGHTS – SECTION

44(1)

(a)Exclusive use and enjoyment

of column of air space above
the surface of land as
reasonably necessary to the
lawful use and enjoyment of
the land;
RIGHT TO USE AIRSPACE

Common law principle

“Whose is the soil, his is also
that which is above below it “
(cujus est solum ejus set usque
ad coelum et ad infros)

Case: CORBERT v. HILL

“At common law, the owner of
the land is the owner of
everything up to the sky and
down to the centre of the
earth”
RIGHT TO USE
AIRSPACE
SEC. 44(1)(A) NLC

❑ Reasonably necessary
❑ Lawful use and
enjoyment
❑ Practical limits imposed
to utilize the right
❑ Exclusive but not
absolute
❑ Limited by Sec 19 Civil
Aviation Act 1969
NATURAL RIGHTS
SEC. 44(1) (B)
The right to support of the land
in its natural state by
adjoining land;

RIGHT TO SUPPORT
adopt from the common law
principle that a remedy is
available to someone whose
rights have been violated
negative right – something
should not be done on your
own land or property that
might endanger the land or
property of others
 RIGHT TO SUPPORT
- CONDITIONAL RIGHT
(NOT ABSOLUTE)
a. The land at the lower
must support the land
above it.
b. It must be adjoining to
each other
c. The land must be in its
natural state
d. No additional strength
is to be given beyond
what is on the land
RIGHT TO SUPPORT
WHY RIGHT TO
SUPPORT IS
NECESSARY?
1. To safeguard the right of
owners from being interfered
with, that someone is not
allowed to do what he pleases.
2. The concept of law itself is
working towards justice. It
would be unjust if rich land
owner does something on his
land that will affect his
neighbours, that leaves him
without remedy
3. Neighbour principle – that
man should live in peace and
harmony with one another,
that something should not be
done if it is going to hurt
someone.
 RIGHT TO SUPPORT
SEC. 44(1)(B) –
LAND MUST BE IN ITS
NATURAL STATE

What is “NATURAL
STATE”?
“Common Law Principle”
Every piece of land has an
absolute right of support
from adjoining land and
the land must be in its
natural state i.e. land
unburdened with building
and unweakened by
Exceeding “rights of use?”
D. LAND DEALINGS AND MATTERS
RELATING TO LAND DEVELOPMENT

Variation of land category

Section 124 NLC

Amalgamation
Sections 146 – 150 NLC

Subdivision
Sections 135 - 359 NLC

Partition
Sections 140 - 145 NLC

Subdivision of building
Strata Titles Act 1985
 SUBDIVISION
PARTITION
AMALGAMATION

…OF LAND…
 INTRODUCTION

■ Sec. 92 – after registration of title,

the proprietor has the right to:

a. subdivide;
b. partition; and
c. amalgamate
 a. SUBDIVISION

■ a process the breaking up of an

alienated land held under a final
title.
■ Held under a single title into 2 or
more portions;
■ Each land to be held by the same
proprietor or co-proprietors;
■ Upon completion of the
subdivision, portions will be held
under separate titles.
 Who can apply ?

■ Sec. 135(1)
The registered proprietor of
alienated land held under:-
■ Registry or Land Office title; or
■ Qualified title in continuation of
final title
(where an application is made to
further subdivide a subdivided
portion and the boundaries has yet
to be surveyed)
can apply for subdivision.
 Whoapprove the
application?
Sec. 135(2) –

■ Registry title (land held under RT)

– state director
■ Land office title – land
administrator.
 Effects of subdivision:-

■ Title will be issued for new portion

■ The existing title is no longer
effective
■ Name of proprietor or co-
proprietor will appear in all the
titles;
■ There is no termination of co-
proprietorship
 What are the conditions to be
adhered to by applicant?

Sec. 136 – subdivision shall only

be approved if following
conditions are satisfied:-
1. Subdivision would not
contravene any other written law
and if there is any requirement to
be complied with by such law,
have been complied.
2. Approval from the planning
authority obtained;
 … continue

3. Subdivision would not be

contrary to any state plan for
that area;
4. Subdivision has consent from
any body/authority specified by
the SA, if any;
5. No outstanding in any item of
land revenue;
6. Any person/body who has
registered interest on that land
has consented in writing to the
application of subdivision.
 How to apply?

Sec. 137-
■ In writing to the Land
Administrator in F 9A and shall be
accompanied by;-
- Prescribed fees
- A plan of land which includes
detail of subdivision and such
number of copies required
- Consent from other authority
- Consent from person/body having
interest in the land
- Upon receiving the application,
LA will make endorsement on the
RDT
 Approval – sec. 138

■ If all conditions are satisfied, LA

shall approve the application or
need modification.
■ LA shall inform proprietor of the
approval and payment to be made
to him by the proprietor;
- survey fees;
- Fees in respect of the preparation
and registration of final title to the
sub-divisional lots.
■ If the application is rejected, LA
shall notify proprietor and shall
cancel the note endorsed on the
RDT
 b. PARTITION - sec.
140
1. What is partition?

■ Involves the dividing of land into

portions;
■ Each co-proprietor has a
separate title to that portion.
 2. What are the effects of
partition?

■ The existing title is no longer

effective;
■ Land will be divided into more
than 1 portion
■ Co-proprietor will terminate; and
■ Each co-proprietor will have his
own separate title.
 Who may apply?

■ Any two or more persons as co-

proprietors of alienated land held
under Registry or Land Office title
■ Proprietor, holding a final title
 Sec. 141 – conditions for approval

Application shall only be approved

by SD or LA if :
■ If each of the co-proprietor has
either joints in or consent to the
application;
■ The area will reflect the
proportion referred to the original
final title/proportionate to his
undivided share in the whole;
■ Conditions as imposed under sub-
division in sec. 136(1)
 Sec. 141A – application Majority
Majority Proprietors

■ A co-proprietor holding majority

share in the land may apply for
partition
 Sec. 142 – how to apply?

■ In writing to LA in Form 9B and

to attach plan and consent from
who has registered interest. The
LA shall endorse the application
on the RDT.
■ If application is made by majority
co-proprietor, LA shall notify the
other co-proprietor for any
objection (if any) within 28 days.
 …continue

Upon expiry of the 28 days period,

the LA shall:-
■ Notify applicant and other co-
proprietors where there are
objections that inquiry will be held
at a time and place specified:-
- if satisfied that good grounds
exist, reject the application;
- if otherwise, approve, LA may
approve application
■ If there are no objections, the LA
may approve application.
 Sec. 143 – Powers of LA in
application

■ If LA is satisfied that all conditions

imposed, he shall approve and
notify each of the co-proprietors
of the approval and call upon the
co-proprietor to pay within a
specified time:-
- survey fee, if any
- Fee for preparation and
registration of F.T to each
portion.
 … continue

■ If not, LA shall reject application

and notify the co-proprietor, Then
LA shall cancel the note endorsed
on RDT
Issue of title to individual portions
sec. 144

■ Once partition has been completed,

a new title will be issued.
 What if there is co-proprietor
refuses to partition?

Sec. 145 –
■ Co-proprietor are unable to agree
to partition,
■ Those wishing to partition may
apply to the High Court for an
order to partition.
 How does court assist?

The court may order:-

■ Land to be sold and the proceeds
be shared according to the
shareholding of each co-proprietor;
■ Land to be sold if it difficult to
partition the land lots of
appropriate size;
■ The share of a co-proprietor
wishing to partition be transferred
to those co=proprietor who do
not wish to partition subject to
compensation/price paid
 When to refer matter to
court
■ If the majority shareholder wishes
to partition but any one of co-
proprietor refused to do so, they
can straight apply to court and not
necessary to the LA.
■ Ku Yan bt Ku Abdullah v. Ku Idris
b. Ku Ahmad (1991) 3 MLJ 439
 Subramaniam & Ors v.Inderjit
Kaur d/o Karnail Singh & Anor.
(1997) 3 MLJ 366
■ Disagreed with the decision in Ku
Yan’s Case. Judge’s opinion:-
■ Sec. 145(1)(a) – is where minority
holders intends to apply to the LA
for partition but one of the c0-
proprietor refused to consent to it.
■ Then, minority may apply to court
under Sec. 145(1)(a). This
applicant must first satisfy the cout
that he did not get the
co—operation of the co-
proprietors;
 … continue

■ The majority s/holder of the land

on the other hand, must first apply
to the LA under sec. 141A for
partition.
■ They are not required to obtain
consent of other co-proprietor as
stated in Sec. 142(1)(e)
■ If application for partition is
rejected by the LA, he may come
to the court to appeal under sec.
418 of NLC. Sec. 418 is a right to
appeal given to any party aggrieved
(treated unfairly) by the decision of
the Registrar/LA.
■ They must apply direct to the
court for partition.
 3. AMALGAMATION
SEC. 140

what is amalgamation?

■ Involves the combination of two

or more contiguous/adjoining lots
of alienated land
■ The lands are under separate titles.
■ When combined, the land will be
held under single title.
 Approving authority – sec. 146(2)

■ Lots to be amalgamated if held

under Land Office Title and
combined are will not exceed 4
hectares – approval made be LA.
 Effect of amalgamation

■ Single title will be issued

■ Name of all proprietors will appear
in title together with shareholdings;
■ Existing titles have no more effect
 Process of amalgamation – sec.
147(1)

■ Amalgamation shall only be

approved by the SD/LA
■ If condition in sec. 136(a)-(g) are
satisfied
 When will sanction from SA is
needed for approval?

■ Sec. 147(2)
■ Where the lots to be combined are
held under Land Office Title and
after combined exceeds 4 hectares
 … continue

■ Where the combined lots are held

partly under Registry Title land
partly under Land Office Title.
■ Any dissimilarity exists between
any of the lots in respect of:
■ The periods for which they are
held - one title may be for 99
years another may be in perpetuity.
 …continue

■ Rates of rent payable – one title

may cost RM50.00 and another
may be RM20.00
■ Categories of land use/conditions
and restrictions in interest – one
title maybe for agriculture and
another may be for industry.
■ SA shall direct amalgamation be
approved with new conditions as it
may think fit to overcome the
dissimilarity.
 Application for approval
section 148

■ Application in F9C and prescribed

fees and plan of lot to be
amalgamated and any approval
required under any written law and
consent from any interested party.
■ Upon receiving application, LA
shall endorse a note on RDT.
 G. CATEGORY OF LAND USE

Section 52 NLC

Agriculture Building Industry

## Section 115 ## Section 116 ## Section 117

NLC NLC NLC
Implied condition Implied Implied
the purpose condition condition
of the land

## Section 118 ## Section 122 ## Section 122

NLC NLC NLC
Implied condition Imposition of Imposition of
offecting agri- conditions conditions
cultural land
under qualified
title

## Section 121 NLC

Imposition of conditions
H. STATUTES RELATING
TO LAND AND LAND
DEVELOPMENTS

How to manage

The importance of Restrictions/Conditions

National Land Code precedent on developing
land (sensitive areas,
1965 conservation, etc)