Land Tenure Systems - Leasehold Lands

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What is the characteristic of freehold land in terms of tenure?

Vests in the owner for a fixed period of 30, 60, or 99 years

Can only be held for a maximum of 999 years

Reverts to the state after a period of 20 years

Vests in the owner and successors in title for an indefinite period (correct)

What is the main difference between freehold land and leasehold land?

The type of property

The ownership structure

The duration of the tenure (correct)

The location of the land

Can a lender accept a freehold property as security?

Yes, without any conditions (correct)

No, only leasehold properties can be accepted

Yes, but only if the property has a balance tenure period of at least 20 years

Only if the property is located in Peninsular Malaysia

What is the maximum tenure of lease granted by the state for freehold land?

There is no maximum tenure for freehold land Signup and view all the answers

Is registration required for freehold land?

Yes, registration is required Signup and view all the answers

What is a key restriction on Malay Reserved Land?

Any dealing or disposal of the land without state approval is null and void. Signup and view all the answers

What happens if a non-Malay creates a charge over Malay Reserved Land?

The charge is null and void and cannot be enforced. Signup and view all the answers

Who can approve dealings in Malay Reserved Land?

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

What is the purpose of the Malay Reservations Enactments?

To secure Malay interests in land. Signup and view all the answers

What is a possible consequence of contravening the Malay Reservations Enactments?

The dealing or disposal is considered null and void. Signup and view all the answers

What type of land title is granted to acquire freehold land?

Grant in Perpetuity Signup and view all the answers

What is the main characteristic of freehold land in regard to the title?

It is a permanent ownership Signup and view all the answers

Who grants the title to the land in freehold land?

The state authority Signup and view all the answers

What is the method of acquiring freehold land?

Application to the state authority Signup and view all the answers

What is the type of land that is accepted as security by the credit officer?

Different types of land including freehold land Signup and view all the answers

What is the characteristic of a final title under the NLC 1965?

It is a type of title that cannot be annulled or revoked. Signup and view all the answers

What is the equivalent of a qualified title in Bahasa Malaysia?

Hakmilik Sementara Signup and view all the answers

Where is a Registry Title typically registered?

At the Registry of the State Signup and view all the answers

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

The provisional nature of the boundaries Signup and view all the answers

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

To allow temporary occupation of the land for a specific period Signup and view all the answers

What is the effect of the Federal Court's decision on the ownership of the land?

The ownership of the land reverted to the applicant. Signup and view all the answers

What is the principle reinstated by the Federal Court's decision?

The principle of deferred indefeasibility. Signup and view all the answers

What is a common problem in the implementation of land title registration systems in Malaysia?

Forgery is a common problem, often involving identity theft. Signup and view all the answers

What is the effect of a forged document, including a charge, on the title of a property?

The title of the property is void. Signup and view all the answers

Why did the Federal Court's decision not completely solve the problem of fraud in land title registration?

Because fraud can still affect the title and the scope of protection afforded to an innocent registered owner is still limited. Signup and view all the answers

What happens to the owner of the land when an assignment is created?

The owner is left with no further interest in the land Signup and view all the answers

What is required to secure additional facilities in an assignment?

A Supplementary Loan Agreement Signup and view all the answers

What is declared in the Supplementary Loan Agreement?

The additional facilities shall be secured by the existing assignment Signup and view all the answers

What is the purpose of the House/Property Sale and Purchase Agreement?

To execute the sale and purchase of a house from a developer Signup and view all the answers

What is required for a purchase made directly from a developer?

A House/Property Sale and Purchase Agreement and a Charge Document Signup and view all the answers

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

Render the land liable for forfeiture by the state authority Signup and view all the answers

What is the condition precedent for financial institutions to disburse a loan?

Obtaining consent from the state authority Signup and view all the answers

What is the impact of not obtaining consent from the state authority on subsequent transfers or charges?

The transfer or charge becomes void Signup and view all the answers

What is the time frame for which a prohibitory order is valid unless extended by an order of the court?

6 months Signup and view all the answers

What is the requirement for changing the use of the land from one category to another?

Obtaining approval from the state authority Signup and view all the answers

What type of land is subject to certain restrictions in interest?

Leasehold land Signup and view all the answers

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

The land may be liable for forfeiture or a fine Signup and view all the answers

What is the category of land use specified in the NLC 1965?

Agriculture, building, or industry Signup and view all the answers

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