Cive 4603 land law and regulation

Forms of Title
Sr Gs Dr Siti Nur Aliaa Roslan
Forms of title
Registry title

 For register and issue of final title, there are two (2) documents shall be prepared (section
85);
 A register document of title (hakmilik daftar)
 An issue document of title (hakmilik keluaran)
Form of documents for Registry Title
(Section 86)
 There are 2 types of form
 The registry document of title shall consist of a grant in Form 5B or a State lease in Form 5c,
accordingly as the land is to be alienated in perpetuity or for a term of years;

 The issue document of title shall consist of a copy of the register document of title
 Both the register documents of title and the issue document of title shall include a plan of a land,
certified as correct by or on behalf of the Director of survey.
Grant and Lease

 Grant is the register document of title of perpetuity.

 Alienation of State Lease is 21 years.

 There are two (2) series of books by the Registrar (section 158);
 The register of GRANTS
 The register of State Lease
Form of documents for Land Office Title

 In the case of land to be alienated under Land Office Title;

 (a) the registrar document of title shall consist of a Mukim Grant in Form 5D or a Mukim Lease in
Form 5E, accordingly as the ladn is to be alienated in perpetuity or for a term of years, and shall be
prepared in the appropriate book of the Mukim Registrar.
 The issue document of title shall consist of a copy of register document of title
 Both the register document of title and the issue document of title shall include a plan of the land,
certified as correct by or on behalf of the Director of Survey and Mapping.
Forms of Qualified Titles

 There are two(2) forms of qualified title

 A form corresponding to Registry Title
 A form corresponding to Land Office Title
 The documents of qualified title shall consist of
 A register document of title in Form 11A or 11B, according as the land in question is to be held
under the form of qualified title corresponding to Registry title or that corresponding to Land
Office title; and
 An issue document of title which shall be a copy of the register document.
Qualified title (Registrar)

 When to register the Qualified title of the Registry title?

 Request by the owner of the land (subdivide, amalgamate)
 For the owner, where the land are still under State Land (to be measure)
Register of qualified title

 In the case of the Registrar –

 A separate register shall be prepared and maintained in respect of each district within the State.
 Every such register shall consist of a series of books relating to land within the district held under
the form of qualified title corresponding to Registry Title;
 Every register documents of title in Form 11A prepared by him for registration under this Act
(whether on the alienation of land thereunder or in continuation of title) shall be prepared on a
separate folio, serially number, in a book of the appropriate register.
 The State land lot stated in the plan of qualified title should become unique lot after the
measurement done by JUPEM.
 There are series of problems that the area cannot become a unique land lot:
 Land in QT are within two (2) different Mukim
 Land in QT located in different category of land. ( lot are within village/town land and Mukim
land).
 Road and river in between the lot.
Qualified Title (Land Office)

 Request by the owner, area includes Mukim Grant and Mukim Lease.
 Request by the owner of the land (subdivide, amalgamate)
 For the owner, where the land are still under State Land (to be measure)
 In the case of any Land Administrator
 A separate register shall be prepared and maintained in respect of each mukim within his
district.
 Every such register shall consist of a series of books relating to land within the mukim
held under the form of qualified title corresponding to Land Office Title.
 Every register document of title in Form 11B prepared by him for registration under this
Act (whether on the alienation of Land thereunder or in continuation of title) shall be
prepared on a separate folio, serially numbered, in a book of the appropriate register.
 Criteria
 Becoming a single lot after measurement, same as the QT of Registrar title.
THE end
Final Tile and Qualified title
Types of title
Example

 What is section 49 about?

 Section 49 – Effect of advance or retreat of sea, etc
 Where the shore-line or the bed of any river advances so as to encroach on any alienated land, the area
affected by the encroachment shall thereupon cease to form part of that land, and shall become State
Land; but the boundaries of alienated land shall not be affected by any retreat of the shore-line or of the
bed of any river.
 How if….

 The river are belongs to part of the lot and shift in the lot

721

711

 No measurement ~!
 Shifting of the river in lot are regards as ‘no encroachment to lots (other lot),
according to section 49.
 If…

 The river that is not belongs to the alienated land lot and shift in the lot?

721

711
5056
5057

 Re-survey the land lot.

 Boundary mark are planted as close as possible to riverside, offsets are measured.
 Becomes 3 independent lot.
 How if

 The river is included in the alienated land lot and the river is retreated out of the
lot.

721

711

 No measurement are needed because the area of the lot is not affected.
 How if
 The river are not belongs to the alienated land lot, and retreated out of the land lot

721

711

7787

 Re-survey of the land lot.

 Boundary marks along the riverside, offset
 Land lot become 2 lots.
 How if
 River is shift and encroached to part of the land lot.

721

711
4050

 Re- survey the land lot, boundary marks are planted along the riverside --or--
 According to section 13(1)(ii) – the disposal rights to the State Authority that shall
not dispose the land within 50m of the bank of any such river – NEW lot number
given to the old lot
 How if

 The river out of the land lot are encroached to the land lot.

721
7221
711
7236

 Re-survey and plant boundary marks.

 Or
 Become to 2 lots.