week 2 National Land Code 1965 (Amended)

INTRODUCTION TO PROPERTY LAW

1.0 Introduction of Land Laws in 1
Malaysia

MIMI AMIRA BINTI AMRAN

LECTURE CONTENTS 2

CONTENTS

MALAYSIAN TORRENS SYSTEM
DEFINITION, CLASSIFICATION OF
LAND USE

MALAYSIAN TORRENS SYSTEM 3

WHAT IS TORRENS SYSTEM

PRINCIPAL CHARACTERISTICS:

• 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.

First introduced in • all dealings in land must be in the prescribed form and must be duly
the Federated registered
Malay States
• owners of land are given infeasibility of title, which could be
questioned only under special circumstances

• the traditional method of acquisition of virgin land or waste land

• forms of dealings which were recognised under the law were
transfers, leases exceeding three years, charges, and liens

• two forms of caveats were recognised, namely private caveats and
registrar’s caveats

PRINCIPLES OF TORRENS SYSTEM 4

MIRROR CURTAIN
PRINCIPLE PRINCIPLE

The register (Title) reflects (mirrors) This principle emphasizes that the
accurately and completely the current intending purchaser need not look
facts about a person’s title in the land. behind or beyond the register contains
These facts consist of the name of the all the information regarding the title.
proprietor, particulars of the land, the
survey plan and boundary of the land.

“Under the Torrens
system, the register is

everything”

WHAT IS NATIONAL LAND CODE 5
1965?

1234567

Adverse No The rules of Reversion to Indefeasibility Strata title Four type of
possession possessory equity still the State is guaranteed recognised caveats
no longer right however
apply under several but not
possible long circumstances absolute

WHAT IS LAND? 6

Fixtures and Petrol tank Palm oil Machinery Offset printing Dwelling
chattel buried storage tank installed on machine house of
concept factory floor plank walls
underground erected affixed to the and cement
above ground factory floor
by bolts and floors
NLC1965
nuts

Section 5 and 40

CLASSIFICATION AND USE OF LAND 7

Land situated in a State is classified as:

Land • Town land
above the • Village land
shore-line • Country land

• This land may be disposed by the State
Authority by way of alienation or other
than alienation

Foreshore • Disposal is not possible
and sea-

bed

CLASSIFICATION AND USE OF LAND 8

Under latter • Agriculture
concept • Building

Industry 1985- • Agricultural
the code
• Building
recognised 4 • Industry
categories • Residential

CLASSIFICATION AND USE OF LAND 9

Agriculture Land • No building shall be erected
(Section 115) • 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

Building Land • A building must be erected on the land within two years of the relevant date.
(Section 116) • 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

Industrial Land • Manufacture
(Section 117) • Smelting
• The production power
• The storage, transport distribution of goods
• Such other purposes as described by the State Authority

BREACH OF CONDITIONS 10

2 DISTINCT CATEGORIES

Non-payment of rent due to State Authority
in respect of the land

Breach in respect of any implied / express
conditions

11

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