Land law cl2012[2]

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Transcript of Land law cl2012[2]

  • C O N S T R U C T I O N L A W ( B P D 2 0 3 0 2 ) - L A N D L A W Guten Morgen
  • Historical background Early history The development of the law property in Malaysia is based on the legal history of the country- 3 separate entities The straits settlements (Penang, Malacca, Singapore) The federated Malay States (Perak, Selangor, Negeri Sembilan, Pahang) The unfederated Malay States (Kedah, Perlis, Kelantan, Terengganu, Johor)
  • Torrens System What is Torrens System? First introduced in the federated malay states Principal characteristics: i) all lands vest in the Ruler, has power to alienate land to his subjects either in perpetuity or for a fixed term of up 999 years ii) all dealings in land must be in the prescribed form and must be duly registered iii) owners of land are given infeasibility of title, which could be questioned only under special circumstances iv) the traditional method of acquisition of virgin land or waste land v) forms of dealings which were recognised under the law were transfers, leases exceeding three years, charges, and liens vi) two forms of caveats were recognised, namely private caveats and registrars caveats
  • What is Twin principles of the Torrens System? The mirror principle Curtain Under the Torrens system, the register is everything
  • What is National Land Code 1965? Adverse possession no longer possible No possessory right however long The rules of equity still apply Reversion to the State under several circumstances Indefeasibility is guaranteed but not absolute Strata title recognised Four type of caveats
  • What is LAND? Fixtures and chattel concept Petrol tank buried underground Palm oil storage tank erected above ground Machinery installed on factory floor Offset printing machine affixed to the factory floor by bolts and nuts Dwelling house of plank walls and cement floors NLC1965- Section 5 and 40
  • Classification and use of land Land situated in a State is classified as: Land above the shore-line Town land Village land Country land This land may be disposed by the State Authority by way of alienation or other than alienation Foreshore and sea-bed Disposal is not possible
  • Classification and use of land Under latter concept: Agriculture Building Industry 1985- the code recognised 4 categories Agriculture Building Industry Residential
  • Classification and use of land Agriculture land (Section 115) No building shall be erected Cultivation- 12 months of the relevant dates Occupy the whole area of land The area cultivated is maintained according to good husbandry The said area shall be continuously cultivated
  • Classification and use of land Building land (Section 116) A building must be erected on the land within two years of the relevant date No part of land shall be used for- agriculture/ industrial Every building shall be maintained in repair No such building shall demolished, altered or extend without prior consent in writing
  • Classification and use of land Industrial land (Section 117) Manufacture Smelting The production power The storage, transport distribution of goods Such other purposes as described by the State Authority
  • Breach of conditions 2 distinct categories: Non-payment of rent due to State Authority in respect of the land Breach in respect of any implied / express conditions
  • TYPE OF DEALINGS Recognised unregistrable dealings are those that the NLC 1965 provides for their execution but not their registration Unrecognised dealings are those that the NLC have no provision neither for their execution nor for their registration Registrable dealings that are not executed according to the statutory provisions may be accepted as equitable dealings
  • TYPE OF DEALINGS Registrable Unregistrable Recognised Not-Recognised Transfer Jual-janji Charge Lien Lease Tenancy Easement Long usage
  • TYPE OF DEALINGS Dealing Part Section Instrument Transfer Part 14 214 - 220 Form 14A Lease Part 15 221 - 240 Form 15A Tenancy Part 15 221 - 240 Charge Part 16 241 280 Form 16A Lien Part 16 241 280 Easement Part 17 282 291 Form 17A Jual-Janji Long usage
  • TYPE OF DEALINGS Dealing Part Section Instrument Transfer Part 14 214 - 220 Form 14A Lease Part 15 221 - 240 Form 15A Tenancy Part 15 221 - 240 Charge Part 16 241 280 Form 16A Lien Part 16 241 280 Easement Part 17 282 291 Form 17A Jual-Janji Long usage
  • Danke Schon!!!