Podcast
Questions and Answers
Which of the following is NOT a right of a final title holder?
Which of the following is NOT a right of a final title holder?
- Right to use land for industrial purposes (correct)
- Right to effect dealings on the land
- Right to transmit land upon death
- Right to apply for sub-division
The State Authority can forfeit land due to non-payment of any fee due to them.
The State Authority can forfeit land due to non-payment of any fee due to them.
True (A)
What section refers to the rights to transmit land upon death?
What section refers to the rights to transmit land upon death?
Section 92
Rent payable in respect of alienated land is considered a __________ due to the State Authority.
Rent payable in respect of alienated land is considered a __________ due to the State Authority.
Match the following provisions with their corresponding actions:
Match the following provisions with their corresponding actions:
What is required for the State Authority to forfeit land?
What is required for the State Authority to forfeit land?
Section 42 refers to permits to remove rock materials.
Section 42 refers to permits to remove rock materials.
What does the term 'alienation' in land law typically refer to?
What does the term 'alienation' in land law typically refer to?
What is necessary for a lease agreement to be valid?
What is necessary for a lease agreement to be valid?
In Yong Tong Hong v Siew Soon Wah, the court found the agreement valid despite the lack of fixed duration.
In Yong Tong Hong v Siew Soon Wah, the court found the agreement valid despite the lack of fixed duration.
What maximum duration can a lease of a part of a building be according to the section referenced?
What maximum duration can a lease of a part of a building be according to the section referenced?
In the case of Margaret Chua v Ho Swee Kiew & Ors, the lease agreement was allowed to be enforced in ______.
In the case of Margaret Chua v Ho Swee Kiew & Ors, the lease agreement was allowed to be enforced in ______.
Match the case with its ruling:
Match the case with its ruling:
What was the initial rent agreed upon by the parties in the shophouse case?
What was the initial rent agreed upon by the parties in the shophouse case?
A license does not require an intention to create a lease.
A license does not require an intention to create a lease.
What action did the landlord take in 1966 regarding the tenant?
What action did the landlord take in 1966 regarding the tenant?
Which of the following instruments is NOT registrable?
Which of the following instruments is NOT registrable?
A tenancy for a term exceeding 3 years is exempt from registration.
A tenancy for a term exceeding 3 years is exempt from registration.
What is the required form for transferring a lease under this Act?
What is the required form for transferring a lease under this Act?
An easement is granted under this Chapter by an instrument in Form _____
An easement is granted under this Chapter by an instrument in Form _____
What is the duty of the Registrar concerning instruments presented for registration?
What is the duty of the Registrar concerning instruments presented for registration?
Match the following terms with their definitions:
Match the following terms with their definitions:
Which instrument is used to grant or release an easement?
Which instrument is used to grant or release an easement?
Any tenancy for a term not exceeding 1 year is subject to registration.
Any tenancy for a term not exceeding 1 year is subject to registration.
What is the first condition for an instrument to be fit for registration?
What is the first condition for an instrument to be fit for registration?
The Registrar has a judicious nature of duty in regards to the registration of instruments.
The Registrar has a judicious nature of duty in regards to the registration of instruments.
What must be done to the instrument to register it?
What must be done to the instrument to register it?
Match the following sections with their content:
Match the following sections with their content:
What effect does non-registration have on an instrument dealing with alienated land?
What effect does non-registration have on an instrument dealing with alienated land?
An instrument can still operate even if it has not been registered under Part Eighteen.
An instrument can still operate even if it has not been registered under Part Eighteen.
According to the conditions for registration, what must the instrument comply with?
According to the conditions for registration, what must the instrument comply with?
What section renders the forfeiture invalid due to non-compliance?
What section renders the forfeiture invalid due to non-compliance?
A notice to remedy the breach is required to initiate forfeiture proceedings.
A notice to remedy the breach is required to initiate forfeiture proceedings.
Under what conditions does a transferee hold alienated land?
Under what conditions does a transferee hold alienated land?
A transferee can transfer part of an alienated land according to Section 214 of the NLC.
A transferee can transfer part of an alienated land according to Section 214 of the NLC.
What must a land proprietor apply for before transferring a part of land?
What must a land proprietor apply for before transferring a part of land?
Flashcards
Final Title
Final Title
A legal document that establishes ownership of a property.
Subdivision of Land
Subdivision of Land
The right to divide property into smaller sections.
Amalgamation of Land
Amalgamation of Land
The right to merge multiple properties into one.
Dealing with Land
Dealing with Land
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Transmission upon Death
Transmission upon Death
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Forfeiture of Land
Forfeiture of Land
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Temporary Occupation License
Temporary Occupation License
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Rent
Rent
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Appeal Against Forfeiture
Appeal Against Forfeiture
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Forfeiture Contrary to NLC
Forfeiture Contrary to NLC
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Failure to Comply with NLC Requirements
Failure to Comply with NLC Requirements
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Form 6A
Form 6A
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Section 97(2)
Section 97(2)
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Land Administrator (LA)
Land Administrator (LA)
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Register of Titles (RDT)
Register of Titles (RDT)
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What makes a document fit for registration?
What makes a document fit for registration?
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What is the Registrar's role?
What is the Registrar's role?
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Is the registration process judicial or administrative?
Is the registration process judicial or administrative?
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What is the effect of non-registration?
What is the effect of non-registration?
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How is registration effected?
How is registration effected?
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Why is registration important?
Why is registration important?
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What is the role of the Stamp Act 1949 in registration?
What is the role of the Stamp Act 1949 in registration?
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What are the core conditions for a document to be fit for registration?
What are the core conditions for a document to be fit for registration?
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Lease
Lease
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Charge
Charge
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Easement
Easement
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Certificate of Sale
Certificate of Sale
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Tenancy Exempt from Registration
Tenancy Exempt from Registration
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Duty to Determine Fitness for Registration
Duty to Determine Fitness for Registration
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Lien
Lien
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What does a new owner of alienated land hold the land subject to?
What does a new owner of alienated land hold the land subject to?
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Can a person transfer only a portion of their alienated land?
Can a person transfer only a portion of their alienated land?
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What's the solution for transferring only a portion of alienated land?
What's the solution for transferring only a portion of alienated land?
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What happened in the case of Peter Lai Kee Chin & Anor v Collector of Land?
What happened in the case of Peter Lai Kee Chin & Anor v Collector of Land?
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What's the rationale behind prohibiting the transfer of a portion of land?
What's the rationale behind prohibiting the transfer of a portion of land?
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What is "transfer of land" in the context of the NLC?
What is "transfer of land" in the context of the NLC?
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What is Section 214(1) of the NLC related to?
What is Section 214(1) of the NLC related to?
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What is the significance of the case of Punca Klasik Sdn Bhd?
What is the significance of the case of Punca Klasik Sdn Bhd?
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Lease Duration: Definite vs. Indefinite
Lease Duration: Definite vs. Indefinite
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Legal Intervention for Lease Duration
Legal Intervention for Lease Duration
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Unregistered Lease Agreement Validity
Unregistered Lease Agreement Validity
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Enforceability of Unregistered Agreements
Enforceability of Unregistered Agreements
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Landlord's Right to Terminate Lease
Landlord's Right to Terminate Lease
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Lease vs. License
Lease vs. License
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Transfer of Property Ownership
Transfer of Property Ownership
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Challenging the Validity of Lease Agreement
Challenging the Validity of Lease Agreement
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Study Notes
Adverse Possession
- Adverse possession occurs when someone, without any legal right, takes possession of unoccupied land with the intention of remaining there indefinitely.
- They may try to justify their actions by claiming homelessness, or that the land was abandoned.
- Adverse possession does not apply to state land.
- The National Land Code (NLC) has provisions stating that no title to state land can be acquired through possession, unlawful occupation, or occupation under any license.
- Unlawful occupation of state land, reserved land, or mining land carries penalties.
- These actions include occupying state land, constructing buildings, clearing or cultivating the land, or cutting or removing timber or produce, carrying a penalty of up to RM10,000 or imprisonment for one year.
- The law of adverse possession recognizes that those without formal ownership can still possess land, and lengthy possession can establish a claim.
Squatters on Private Land
- Adverse possession is not applicable to extinguish any title to alienated land.
- Registered landowners are permitted to seek legal action and obtain possession orders to remove squatters.
- Squatters can access land through seeking court orders.
- Settlement on uncultivated land will not give ownership through the NLC unless they follow the correct procedures and obtain the appropriate land titles.
- Attempts to obtain land through unlawful occupation will not lead to ownership.
Alienation of Land
- To transfer state land, consider the type—perpetual or term—and the payment terms.
- State authorities may sell land for various terms, including perpetuity, or leases for a maximum term of 99 years. Land use considerations for public purposes may influence the arrangement.
- Land within the foreshore or seabed has fixed lease terms, typically 99 years maximum.
- Qualified titles are granted for properties not yet surveyed, with boundaries considered provisional until finalized. Land under a qualified title cannot be subdivided, partitioned, or amalgamated.
- Registry titles apply to village lands, rural lands greater than four hectares, and foreshore/seabed (different from land office titles).
Approval of Land Alienation
- The State Authority (SA) determines the approval process.
- Relevant factors for consideration include land area, duration of the lease, form of title, rental rate, and specific conditions and restrictions.
- Land revenue is due upon approval of the lease and is payable before transfer.
Forfeiture of Land
- State authorities have the right to retake alienated land due to non-payment of land tax or violation of conditions.
- This includes various types of annual and other payments.
- Failure to meet financial obligations or breach contract stipulations could lead to land forfeiture.
- Forfeiture procedures involve notifying the delinquent party and offering a period to settle outstanding amounts.
- If payments are not made, forfeiture proceedings will follow.
- Property may be seized or transferred to the state.
Conditions Attached to a Title
- Express conditions are explicitly stated; they govern how the land can be used, often relating to land use or prohibiting certain activities.
- Conditions could be for specific uses, such as agriculture or residential purposes only.
- Implied conditions are understood to be part of the agreement despite not being explicitly stated.
Express Conditions, and Implied Conditions
- Specific regulations regarding the land and its use are included as part of any contract.
- The understanding of common conditions attached to a title is expected to be evident to the parties involved.
Breach of Conditions
- Any act that violates the stated and implied conditions attached to a specific title could be cited as a breach; this would result in automatic forfeiture
- If the violating party refuses to correct the breach, the property may immediately become subject to forfeiture.
- If the breach can be remedied, the landowner will be notified; failure to address the issue within the required time will result in forfeiture.
Rights of a Title Holder
- Alienation under a final title confers indefeasible title.
- Access to actions relating to subdivision, partition, and amalgamation of land is granted.
- Rights and permissions to make transactions relating to the land, including sale and transfer when ownership changes, are also part of the entitlement.
- The right to transfer land under the condition of death is included in regulations.
Restrictions in Interest
- Restrictions imposed by the State Authority limit the landowner's power to subdivide, sell, or lease the land.
- Such limitations might involve a holding period or need for State Authority approval.
Effective Date of Alienation
- State land transfer becomes effective upon official registration.
Disposal
- The act of disposing of land may take place other than through an actual sale.
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