SECTIONS RELATED TO PARTITION OF LAND

SECTION 136 — Conditions for approval of subdivision

The following requirements set forth in Section 136 of the NLC 1965 must be met by the
applicant for approval of State Director or Land Administrator:
 No restriction on the land's interest would be violated by the partition.
 No laws would be broken by the partition.
 obtaining the planning authority's approval.
 No plan approved by the State Authority of the development area where the land is
located would be in conflict with the partition.
 Obtaining consent is necessary if State Authority approval is needed.
 There are no outstanding land taxes.
 obtaining the chargee, lessee, or lienholder's written consent.
 In the case of agricultural land, the area of partition shall not be less than two fifth of
a hectare, and for all other types of land, the size of the land should not be less than
that which is specified by the planning authority.
 The divided land would have an adequate means of access and is acceptable for the
use for which it is planned.
PROCEDURE
Section 142(1): An application for partition must be submitted by means of writing to the
Land Administrator using Form 9B, together with the additional items listed.
Section 142(2): The Land Administrator needs to place an endorsement on the Register
Document of Title after receiving the application.
Section 142(3): The Land Administrator must give notice to the other co-proprietors for any
objection to be made within 28 days if the application was submitted by the co-proprietor
holding the majority shares.
Section 142(4): If there are no objections after 28 days, the application can be accepted. The
Land Administrator must inform the applicant and other co-owners that an inquiry will be
held at a certain time and location if there are objections.
Section 143: Land Administrator or State Director has the authority to approve or reject a
partition application.
Section 144: Each portion will be given a final title once partition is finished.
Section 145(1): If any of the co-owners are unable to reach an agreement on partition, those
who choose to do so may apply to the High Court for an order to partition. The court may
then order the co-ownership to be dissolved.
Section 145(2): The court may order that the shares of those who wish to partition be
transferred to those who do not wish to partition, subject to compensation equal to that paid
by the latter to the other co-proprietors, and that the land be sold, and the proceeds divided in
accordance with each co-proprietor's shareholding.