week 1 Introduction To Property Law

INTRODUCTION TO PROPERTY LAW

1.0 Introduction of Land Laws in 1
Malaysia

MIMI AMIRA BINTI AMRAN

LECTURE CONTENTS 2

CONTENTS

INTRODUCTION
HISTORICAL BACKGROUND OF
LAND LAW IN MALAYSIA
MALAYSIAN LAND LAW
STRUCTURE
RELATIONSHIP BETWEEN NLC
AND STATE LAND REGULATIONS

LEARNING OUTCOMES 3

At the end of the session, the students
will be able :

To explain the historical development of
Malaysian Land Law

To explain the structure of Malaysian land
law

INTRODUCTION 4

1• Land law • Land policy • The National
2deals withare to ensure Land Code
3possession,that land is1965 (NLC) –
ownership of governed & it gives
land, rights administrated significant
and systematicall effects on
obligations of y for the overall land
the owner benefit and tenure
and occupier. future system, its
generations. land policy
and land
development

5

PURPOSE OF FUNCTION OF
NATIONAL LAND CODE NATIONAL LAND CODE

Uniformity of law and To provide a practical way
policy with respect to land of land administration in

tenure, registration of the Country.
titles relating to land,
transfer of land, leases,
charges of land, easement
and other rights and

interest in land.

THE HISTORICAL BACKGROUND 6

Before independence, the Federation of
Malaya possessed of

One uniform Land Five separated state The English Deeds
Code for the legislation in each System in the straits
Federated Malaya five Unfederated settlements of
States Malaya States Malacca and Penang

• i.e. Perak, Selangor, • i.e Kedah, Perlis,
Negeri Sembilan and Kelantan, Terengganu
Pahang dan Johor

THE FEDERATED MALAYA THE UNFEDERATED MALAYA
STATES STATES

• The Federated Malaya States were • Kedah & Perlis were much under the

independent states under sovereign influence of the Siamese King and to a

Muslim ruler. lesser extent so was Kelantan and

• The Sultan is an absolute ruler in Terengganu.

whom resides all legislative and • British gained possession of Kedah,

executive power. Perlis, Kelantan and Terengganu from

• The law applicable was the modified Siam in 1909 pursuant to the terms of

Mohammed Law to suit Malay Custom. the anglo Siamese treaty. British

• The first Torrens Legislation was The adviser was then appointed to look

Selangor registration of titles after each states.

regulations of 1891. • Johor was the last state to come

• Perak & Pahang in 1897 and Negeri under the British influence, but Johor

Sembilan in 1898. Sultan had always maintained a close

alliance with the British Monarch.

• In time, the Torrens System was also

introduced in these 5 states.

STRUCTURE OF 8
MALAYSIAN LAND LAW

The National
Land Code
1965

Sabah Land There are now The National
Ordinance four main Land Code
(Cap 68) (Penang &
separate pieces
of legislation Malacca titles)
governing land Act 1963
matters in
Malaysia

Sarawak Land Although land is vested in Ruler or Governor of
Code (Cap 81) the State, the Federal Government may,
nevertheless, make laws with respect to land
matters in a state if such laws are enacted to
ensure uniformity of laws and policy in respect
of land matters in two or more states.

RELATIONSHIP BETWEEN NLC AND
STATE LAND REGULATIONS 9

LAND ADMINISTRATION IN MALAYSIA

The land administration The Federal Constitution of
organizational structure in Malaysia 1957, the supreme
Malaysia demarcates the power law of the country, prescribes
to manage land to the State
Authority as land is a State two-tier governmental
matter pursuant to the Federal structure that is the Federal
Constitution of Malaysia.
and State Government.

10

THE FEDERAL CONSTITUTIONS OF MALAYSIA

The Constitution delineates The Ninth Schedule of the
and demarcates the sphere Federal Constitution
within which the two levels of
government operate in terms determines the powers of both
of matters relating to land. the Federal and State
government.

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THE ROLES OF FEDERAL GOVERNMENT

The Constitution The Federal This Federal
allows Federal government played intervention on
intervention in land important role in grounds of achieving
matters to promote coordinating aspects uniformity of land
uniformity of law and relating to land law, law and policy is
administration and initiated by the
policy. introduction of the
policy. National Land Code

1965.

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THE POWER OF STATE • Article 74 and Second List (State List) in Ninth Schedule
AUTHORITY stresses that the Legislature of a State may make laws with
respect to any of the matters enumerated in the State List
THE POWER OF (Malaysia Federal Constitution, 2008).
FEDERAL AUTHORITY
• Article 76 Clauses (4) (Malaysia Federal Constitution, 2008)
mentions that the federal government has the power to
ensure uniformity of law and policy such as to make laws with
respect to land tenure; registration of titles and deeds
relating to land; transfer of land; mortgages; leases and
charges in respect of land; and local government.

• The law provides for the establishment of organisations at the
Federal level ( the office of the Director General of Lands and
Mines and the Federal Lands Commissioner) aimed to promote
uniformity of law and policy between all States in Peninsular
Malaysia except for Sabah and Sarawak

DEFINITION OF LAND IN NATIONAL 13
LAND CODE

Section5, The land surface itself and all
National substances forming the surface
Land Subsoil and all substances therein
C0de
1965 All vegetation and other natural
DEFINE products on or below surface
LAND as: All things attached or permanently attached to the
earth, whether on or below surface i.e. fixtures

Land covered by water

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THANK YOU