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Land Disposal by Alienation
Land Disposal by Alienation
Land Disposal by Alienation
ALIENATION
SPECIFIC OBJECTIVES
a. Land
b. Air Space
Apa maksud Pelupusan?
• Di bawah Sek 5 KTN pelupusan ditakrifkan
sebagai apa-apa pelupusan tanah yang dibuat
oleh Pihak Berkuasa Negeri dalam menjalankan
kuasa-kuasa yang diperuntukkan oleh sek 42
KTN atau kuasa-kuasa yang sama di bawah
mana-mana undang-undang tanah terdahulu.
What is State Authority?
Land Alienation
Planned Unplanned
Planned alienation for large areas of land is normally done under the Land
Group Settlement Areas Act (GSA) 1960.
Why alienation is the best
way to get land?
• The proprietor gets land evidenced by title;
• The period is longer than the other modes of
disposal;
• Proprietor feels secured to develop and invest in the
land
• If the land is later on acquired by SA for public
purposes, proprietor will get compensation;
• Proprietor can make dealings with regard to the
land.
Period of Alienation
Section 76
“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 -…”
Illustration
Ahmad would like to apply for a piece of land
in Klang under alienation. He seeks your
advice on what is alienation and how is the
process.
Steps To Be Taken
• Application for the land under alienation
• Approval stage and conditions to be
imposed by SA
• Payment of land revenue;
• Survey (for issuance of title);
• Preparation of title; and
• Registration.
PROCESS OF PLANNED/UNPLANNED
ALIENATION
The procedures of unplanned alienation is in the Manual for Land
Administration 1980. The procedures are as follows;
i. The applicant submits the application using the form specified by the
Land Office together with the plan and particulars of the said land
and fees payable.
ii. The Land Office will refer the application to the relevant
departments for their comments.
iii. The Land Administrator will forward the application to the State
Authority with the recommendation for or against the approval of the
application.
iv. The Executive Council will decide on the approval of the application
and the applicant will be informed of this decision.
v. If the application is approved, the applicant will have to
pay all the fees specified.
vi. The subject land will be surveyed either by the Survey
and Mapping Department or a licensed surveyor.
vii. A registered title will be issued to the proprietor.
EXCO meets and discuss the following;
• To approve or not to approve application.
If approves, to determine the following matters :-
• Sec 76(a) – terms of alienations;
• Sec 76(b) – application must pay the annual rent;
• Sec 76 (c) - application may have to pay premiun at the SA’s
discreation)
• Sec 76 (d) – land alienation will be subject to the category of land
use;
• Sec 76 (e) – SA may impose condition or restriction in interest on
the title;
What is Registration?
Fees from
First year’s rent
preparation of title
Premium
Cukai tahun pertama adalah cukai yang kena bayar semasa
pemberimilikan diluluskan dan dikira berdasarkan keluasan
yang diluluskan.
Cukai
Cukai hendaklah dibayar bermula pada awal tanah itu diberi
milik dan jika diberimilik selepas bulan september tahun itu
cukainya bermula daripada awal tahun berikutnya.
(Sek.94(1))
Payment of land revenue
• Qualified Title; or
• Final Title
LAND TITLE
1. Procedure in the registration of title
The end product of alienation is land title. Maybe either
Qualified Title (QT) or Final Title (FT).It serves as evidence
of ownership. Land title bears only two particulars;
• who the proprietor is
• which land he owns
However a number of other particulars are included for
certain purposes, for example,
• the amount of annual rent (jumlah cukai tahunan)
• conditions and restriction (syarat2 dan sekatan)
are included to remind the proprietor what he has to do and
what he cannot do.
LAND TITLES
• QT : Land actual area & boundaries are still tentative,
• FT : Final survey has been done to determine exact area
& boundaries. The land can now be subdivided,
partitioned, amalgamated and subdivided buildings
erected thereon,
• Sec 78 NLC, land is still State land until a title has been
registered.
Qualified Title Final Title
Is registered after the proprietor has paid all Issued after a final survey of the area.
items of land revenue due upon approval of
alienation.
It is issued before a final title . Survey is carried out by Survey Officer
appointed or by licensed
The actual area of land at the time of approval is Land have been measured, the boundary
provisional i.e; not definite and temporary (area stones have been given a reference
should as near may be with what is stated in the number and certified plan is available.
plan and description to which been approved.
Area may differ slightly after a final survey has Certified plan shows the boundaries of land,
been carried out. position of boundary marks, area and lot the
number.
Proprietor is confers the same right as a FT A document of title enables its holder
except that it cannot be sub-divided, partitioned (possessor) to receive, retain, sell or otherwise
and amalgamated with any other land. dispose of the document and the goods or
property listed therein.
No building on the land can be subdivided/strata Land can now be subdivided, partitioned or
title cannot be issued. amalgamated and subdivided buildings erected
thereon.
Proprietor has the power to lease, charge or Proprietor has the power to lease, charge or
transfer the land. transfer the land.
Dokumen Hakmilik
(Document Title)
VER SI NO
Matters to be determined upon approving
alienation
The followings are to be determined by the State Authority at the time
of approval:
SECTION 52 NLC
Industry
factories
workshop
foundries
warehouse
dock, jetties, railways etc
Imposition of conditions and restrictions in interest
(Sec 120)
1. The state Authority may alienate land under this Act subject to
such express conditions and restrictions in interest.
2. The conditions and restrictions in interest to be imposed under
this section shall be determined by the State Authority at the
time when the land is approved for alienation.
3. Every condition or restriction in interest imposed shall be
endorsed on or referred to in the document of title to the
land.
Conditions
b. The alienated land shall not be planted with or be allowed to grow with rubber
trees,
All land is subjected to the expressed conditions that are
endorsed on the document file. Any breach on the
expressed conditions will result in the ownership of land
to be terminated. Expressed conditions may be
amended or rescind on application by the proprietor.
(Semua tanah adalah tertakluk kepada syarat nyata yang tercatat di dalam
dokumen hakmiliknya. Perlanggaran mana-mana syarat nyata boleh
mengakibatkan tanah dilucuthak. Syarat nyata boleh dipinda atau dimansuhkan
atas permohonan tuan tanah.)
IMPLIED CONDITIONS
Implied conditions are also restrictions on land use. The difference are;
a. Are not stated on the document of title, they are only written in the
law,
b. Are not imposed by the State Authority but are merely the
requirements of law,
c. Cannot be amended or nullify except by amending or nullifying the
law,
Any breach on the implied conditions will also result in the ownership of
land be terminated.
(Perlanggaran syarat tetap boleh menyebabkan tanah dilucuthak. Syarat-syarat tetap terkandung
dalam KTN adalah di bawah sek 114 hingga sek 119).
Express Conditions Implied Conditions
Restrictions or conditions imposed by the State Restrictions on land use but they are written in
Authority the law
Written on the document of title; Examples of Implied conditions with regard to
e.g: boundary marks are;
a) The alienated land shall only be a) The proprietor must take steps to prevent
constructed with a single dwelling. damage, destruction or unlawful removal of
b) The alienated land shall not be planted the boundary marks.
with or be allowed to grow with rubber b) The proprietor must give immediate notice
trees. as to the location of the land to the land
c) “Paddy” Administrator or Penghulu should the above
happens
May vary from one land to another even though Implied conditions in the same category of land
they are in the same category. are the same and does not vary from land to
e.g; Land A must be planted with rubber land.
while Land B must be planted with e.g; Land under agriculture category must
paddy only build one dwelling for the
proprietor or occupants of the land.
May be amended or rescind on application by Cannot be amended or nullify except by
RESTRICTIONS IN INTEREST
For example ;
“The alienated land cannot be transferred, given tenancy or charged
except with a written consent from the State Authority”
What is amalgamation?