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National Land Code 1965++
National Land Code 1965++
National Land Code 1965++
CODE 1965
IMPERIA INSTITUTE OF TECHNOLOGY
State Authority
Land is vested in the State Authority
S 40 NLC:
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 minerals 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.
Constitutional Issues
Land is a State matter, only the State legislature may
MLJ 151.
2. Indefeasibility
Indefeasibility of title and interest is guaranteed.
S 92(1) NLC:
The alienation of State land to any person or body under final title shall
confer on that person or body a title to the land which shall be
indefeasible.
S 340 NLC:
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.
3. Registration
The importance of registration
S 206(1)(b) NLC:
no instrument effecting any such dealing shall operate to transfer the title to
any alienated land or, as the case may be, to create, transfer or otherwise
affect any interest therein, until it has been registered
E.g. A purchaser does not acquire legal title until the transfer
to him is registered.
Dealings recognised under the NLC must be registered or
endorsed.
Transfers, charges and leases
Tenancies exempt from registration, statutory liens
Caveats
4. Caveat system
To protect an unregistered interest.
4 types of caveats:
Registrars caveat,
private caveat,
lien-holders caveat,
trust caveat.
5. No adverse possession
No adverse possession against the State nor against the
S 341 NLC:
Adverse possession of land for any length of time whatsoever shall not
constitute a bar to the bringing of any action for the recovery thereof
by the proprietor
Sidek & Ors v The State of Perak [1982] 1 MLJ 313
circumstances.
S 46(1) NLC
(a) upon the expiry of the term (if any) specified in the document of
title thereto;
(b) upon the publication in the Gazette of a notice under section 130
(that is to say, a notice published on the making of an order of
forfeiture by the Land Administrator on the grounds of non-payment
of rent or breach of condition);
(c) in the circumstances mentioned in sections 351 and 352 (which
relate respectively to the death of a proprietor without successors,
and the abandonment of title by proprietors); and
(d) upon the surrender thereof in accordance with the provisions of
Part Twelve
6. Equity
Failure to register or non-compliance with the
requirements of NLC
E.g. Unregistered charge, failure to enter a lien-holders
caveat.
NLC is not concerned with dealings which do not comply
with its requirements. No remedies under NLC.