Land Ownership in Malaysia
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Questions and Answers

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)?

    <p>To provide temporary occupation of the land</p> Signup and view all the answers

    Where is the State Registry typically located?

    <p>In the capital of the state</p> Signup and view all the answers

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

    <p>To register the mortgagee's and transferee's interest in the property</p> 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?

    <p>Alienation of land</p> Signup and view all the answers

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

    <p>Freehold land</p> 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?

    <p>The lending bank and solicitors</p> Signup and view all the answers

    What is a consequence of a defect in legal documentation?

    <p>Difficulties may arise for the bank to realise the security asset for loan settlement</p> Signup and view all the answers

    What is the primary purpose of the Malay Reservations Enactments?

    <p>To secure Malay interests in land and prevent unauthorized dealings</p> Signup and view all the answers

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

    <p>The dealing is null and void and cannot be enforced</p> Signup and view all the answers

    Who can approve dealings in Malay reserved land?

    <p>The Ruler of the State in Council</p> Signup and view all the answers

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

    <p>A term defined differently from state to state</p> Signup and view all the answers

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

    <p>The court held that the charge created over Malay reserved land in favour of a non-Malay is null and void</p> Signup and view all the answers

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

    <p>For an indefinite period</p> Signup and view all the answers

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

    <p>The title reverts to the state</p> Signup and view all the answers

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

    <p>99 years</p> Signup and view all the answers

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

    <p>20 years</p> Signup and view all the answers

    What is the definition of a lease?

    <p>The granting of an interest in land by the lessor to a lessee</p> Signup and view all the answers

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

    <p>The owner of the land is left with no further interest in the land.</p> Signup and view all the answers

    What is the purpose of the Supplementary Loan Agreement?

    <p>To secure any additional facilities required by the assignor.</p> Signup and view all the answers

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

    <p>Charge Document.</p> Signup and view all the answers

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

    <p>To hold the title deed as collateral for the bridging loan.</p> Signup and view all the answers

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

    <p>RM100,000.</p> Signup and view all the answers

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

    <p>The land is liable for forfeiture by the state authority or a fine may be imposed</p> Signup and view all the answers

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

    <p>Obtaining the consent of the state authority or the Ruler of the State in Council</p> Signup and view all the answers

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

    <p>6 months</p> 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?

    <p>The transfer or charge is void</p> Signup and view all the answers

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

    <p>To regulate the use of the land</p> Signup and view all the answers

    Under what circumstances can land be used for another purpose?

    <p>When approval is obtained from the state authority to convert the use of the land</p> 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?

    <p>To ensure the transfer or charge of land is valid</p> Signup and view all the answers

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

    <p>The land is liable for forfeiture by the state authority or a fine may be imposed</p> Signup and view all the answers

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

    <p>To ensure the consent of the state authority or the Ruler of the State in Council is obtained before disbursing the loan</p> Signup and view all the answers

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

    <p>The transfer or charge of land is prohibited</p> Signup and view all the answers

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

    <p>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.</p> Signup and view all the answers

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

    <p>The document is void.</p> Signup and view all the answers

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

    <p>The respondent bank is not protected.</p> Signup and view all the answers

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

    <p>It belongs to the applicant.</p> Signup and view all the answers

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

    <p>Limited scope of protection afforded to an innocent registered owner.</p> Signup and view all the answers

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