Land Ownership in Malaysia

What is the primary characteristic of a final title?

It is issued in the event that a qualified title cannot be issued
It confers on the person or entity concerned a title to land which is indefeasible (correct)
It is registered by the Collector of Land Revenue at the Land Office of each district
It is normally granted for one year and renewed annually

What is the main difference between a final title and a qualified title?

The provisional boundaries and subdivisions or partitions restrictions (correct)
The registration process
The type of ownership
The duration of the title

What is the Bahasa Malaysia term for Qualified Titles?

Land Office Title
Registry Title
Hakmilik Sementara (correct)
Hakmilik Tetap

What is the purpose of a Temporary Occupation License (TOL)?

To provide temporary occupation of the land (D) Signup and view all the answers

Where is the State Registry typically located?

In the capital of the state (C) Signup and view all the answers

What is the primary purpose of presenting land mortgages and land title transfers to the Land Office?

To register the mortgagee's and transferee's interest in the property (C) Signup and view all the answers

What is the term used to describe the process of granting a title to the land from the state authority?

Alienation of land (C) Signup and view all the answers

What type of land is referred to as a grant in perpetuity or freehold title?

Freehold land (A) Signup and view all the answers

Who is responsible for ensuring the security documentation is proper and complete in accordance with the terms of the loan?

The lending bank and solicitors (A) Signup and view all the answers

What is a consequence of a defect in legal documentation?

Difficulties may arise for the bank to realise the security asset for loan settlement (B) Signup and view all the answers

What is the primary purpose of the Malay Reservations Enactments?

To secure Malay interests in land and prevent unauthorized dealings (A) Signup and view all the answers

What is the consequence of dealing with Malay reserved land without approval?

The dealing is null and void and cannot be enforced (C) Signup and view all the answers

Who can approve dealings in Malay reserved land?

The Ruler of the State in Council (B) Signup and view all the answers

What is the definition of 'Malay' in the context of Malay reserved land?

A term defined differently from state to state (A) Signup and view all the answers

What was the outcome of the court case Ho Giok Chay v Nik Aishah?

The court held that the charge created over Malay reserved land in favour of a non-Malay is null and void (A) Signup and view all the answers

What is the duration of land vested in an individual and successors in title?

For an indefinite period (B) Signup and view all the answers

What happens to the leasehold title after the lease period expires?

The title reverts to the state (C) Signup and view all the answers

What is the maximum tenure of lease granted by the state?

99 years (A) Signup and view all the answers

What is the minimum balance lease period required by lenders as security?

20 years (D) Signup and view all the answers

What is the definition of a lease?

The granting of an interest in land by the lessor to a lessee (B) Signup and view all the answers

What is the implication of an assignment being absolute in nature?

The owner of the land is left with no further interest in the land. (C) Signup and view all the answers

What is the purpose of the Supplementary Loan Agreement?

To secure any additional facilities required by the assignor. (D) Signup and view all the answers

What is the primary document required for a land with individual title?

Charge Document. (A) Signup and view all the answers

What is the role of the Developer's financial institution in the purchase process?

To hold the title deed as collateral for the bridging loan. (C) Signup and view all the answers

What is the amount of the approved loan in the given property security scenario?

RM100,000. (B) Signup and view all the answers

What is the effect of non-compliance with the specified category of land use?

The land is liable for forfeiture by the state authority or a fine may be imposed (B) Signup and view all the answers

What is the requirement for transferring or charging land subject to certain restrictions in interest?

Obtaining the consent of the state authority or the Ruler of the State in Council (D) Signup and view all the answers

What is the duration of a prohibitory order under Section 338 of the NLC 1965?

6 months (B) Signup and view all the answers

What is the consequence of failing to obtain the necessary consent before transferring or charging land subject to certain restrictions in interest?

The transfer or charge is void (C) Signup and view all the answers

What is the purpose of specifying categories of land use under the NLC 1965?

To regulate the use of the land (B) Signup and view all the answers

Under what circumstances can land be used for another purpose?

When approval is obtained from the state authority to convert the use of the land (B) Signup and view all the answers

What is the purpose of obtaining consent from the state authority or the Ruler of the State in Council?

To ensure the transfer or charge of land is valid (B) Signup and view all the answers

What is the consequence of non-compliance with the conditions of title?

The land is liable for forfeiture by the state authority or a fine may be imposed (D) Signup and view all the answers

What is the role of financial institutions in relation to land subject to certain restrictions in interest?

To ensure the consent of the state authority or the Ruler of the State in Council is obtained before disbursing the loan (C) Signup and view all the answers

What is the effect of a prohibitory order under Section 338 of the NLC 1965?

The transfer or charge of land is prohibited (C) Signup and view all the answers

What is the implication of the Federal Court's decision on the principle of deferred indefeasibility?

The first purchaser who acquired the property in good faith and for value will not enjoy indefeasibility if exceptions under s340(2) of the NLC 1965 is proven. (A) Signup and view all the answers

What is the consequence of forgery in the implementation of land title registration system in Malaysia?

The document is void. (B) Signup and view all the answers

What is the effect of the proviso in s340(3) on the respondent bank?

The respondent bank is not protected. (C) Signup and view all the answers

What is the current status of the land, which is now worth a few million Ringgit?

It belongs to the applicant. (B) Signup and view all the answers

What is the problem that the Federal Court's decision failed to solve completely?

Limited scope of protection afforded to an innocent registered owner. (C) Signup and view all the answers