DEALINGS AND REGISTRATION

Prepared by:
Puan Hamsiah Omar

Introduction

The NLC 1965 require certain matter to be

Registered :(a)
(b)

dealings in alienated land

Interest in alienated land

What are dealings?

There are four (4) types of dealings of any
alienated land recognized by the Code: Transfers;
Leases and tenancies;
Charges and liens ; and
Easements.
However not all the above dealings require
to be registered.

Dealings that require registration are:-

Transfers;
Leases
Charges and easements

Dealings that do not require

registrations are:

Tenancies; and
Liens.

What is interest in alienated land?

Includes: a lease and sublease of alienated land;
A charge of alienated land; and
An easement.
The above interests are required to be registered by the NLC to
become effective. Once registered, the party or person who
accepts the lease, sublease, charge or easement will have a
registered interest over the alienated land.

Transfer

Who are the parties to transfer

All persons or bodies in sec. 43

Transferor party who transfer the land;
Transferee- party who accepts the transfer.

What may be transferred sec. 214(1)

The whole, but not a part only, of any

alienated land;
The whole, but not a part only of any
undivided share, or any alienated land;
Any lease;
Any charge;
Tenancy exempt from registration

Limitation in Transfer
a.

sec. 214(2) power to transfer are subject

to:Any other written law;
Restriction in interest;
Consent from lessee or chargee;

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b. sec. 214(3) prohibits transfer of lease or a

charge to 2 or more persons or bodies as
trustees or representatives.

Section 214A control of transfer of

estate land
What is estate land ? sec 214A(1)
agricultural land
Under one title or more
Which area is more than 40 hectares
Land constituting the area are
contiguous/joining (the 40 hectares must be
adjoining)

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Estate land cannot be transferred or disposed
of to 2 or more persons unless consent/
approval is obtained from the Estate Land
Board.

Case: Kumpulan Sua betong.

Illustration Transfer of alienated land

Ali is a registered proprietor of a piece of land

has agreed to transfer his land to Siti. Ali would
like to know his duty and obligation to make the
transfer effective.

General rule on transfer

a.

b.

c.

d.

sec. 206(1)(a) every dealing shall be effected in a

proper instrument (forms)
Sec. 215(1) the relevant instrument for transfer of
any alienated land is Form 14A
Sec. 206(1)(b) no instrument shall be effective to
operate as a transfer of a title until it is registered.
Sec. 215(2) upon registration, the title of trnsferor
(Ali) in the land shall pass and vest in the
transferee (Siti)

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e. sec. 304(1) registration of any instrument
shall be effected by the Registrar.
f. sec. 304(2) the Registrar shall register the
transfer by making a memorial on the RDT,
signs and seals on the instrument.
Case: Jasbir Kaur

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g. sec. 215(3) upon registration, the transferee (Siti)
shall take over.
Lease, charge or other registered interest existing at
the time of registration of transfer, if any;
Tenancy exempt from registration, if any and
endorsed;
Whatever matters appear in the register document of
title.

LEASE
A person who lease the land is called a lessor
while the person who accepts the lease is
called the lessee.
Lease is one of the dealings which is capable
of being registered.

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By virtue of sec. 5 - lease simply means a
registered lease or sublease of an alienated
land
Thus, lease must be registered to be effective.

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Once registered. A lease creates a legal

interest in the land
-

enforceable against third party

enjoys protection within the terms of
legislation

Lease under common law

Need not be registered

Legal interest created upon signing of
agreement

Elements of a lease under CL

a.

Lessee has an exclusive possession

lessee can exclude all person including
the lessor.
lessor will not deprive lessee of
enjoyment of the land

Erington v. Erington & Woods

Principles to establish:i.
Not only that exclusive possession had been
granted;
ii.
But also the intention to create the relationship of
landlord and tenant;
iii.
And thereby to create an interest in the land.
Case Mohamed Mustaffa v. Kandasami
if there is no possession the transaction cannot be
a lease

 continue - element

b. Lease is of a definite period

c. Inconsideration of payment of rent.

Power to lease
Sec. 221(1) proprietor of any alienated land
can grant a lease
Wholly; or
partly

Term of lease
Sec. 221(2) every lease must be for a term
exceeding 3 years.
Maximum term to grant lease sec 221(3)
a. lease of the whole piece of land 99 years.
b. Lease of part the land 30 years.

Lease and its limitation.

a.

b.

c.

Sec 225(1) may be subject to

any other written law;
restriction in interest.
Sec 225(2)- lease cannot be granted to 2 or
more persons or bodies as trustees or
representative.
Sec 226 consent from lessee or chargee
be obtained before leased can be created.

Instrument of lease sec 221(4)

Every lease shall be in Form 15A

Effect of registration sec 227(1)

a lease will have legal effect upon

registration
Interest of lesse shall vest in him upon such
registration

What if lease not registered?

General sec 206(2) no instrument of

dealing shall operate to effect any interest
unless it registered
Sec 206(3) however the requirement in sec
206(1) shall not affect any contractual
operation of any transaction of alienated
land.

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Even though the instrument is not registered,

the contract to lease entered between the
lessor and lesser is still valid.
Thus, unregistered lease is void as a lease
but the contract is valid as an agreement for
a lease.
The contract is enforceble under the law of
contract

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Margaret Chua v. Ho Swee Kiew

Ong Heng Hwa Realty Sdn Bhd

Tenancy Exempt From

Registration(TXR)

Sec 213(1)

Types of Tenancy
a.
b.
c.
d.
e.

Periodic Tenancy
Tenancy will
Tenancy at sufferance
Tenancy by estoppel
Tenancy coupled with Equity

Endorsement

Sec 213 (3)

What if the tenant fails to endorse his

tenancy against the title?

Than Kok Leong v. Low Kim Hai

Hotel Ambassador

How endorsement made?

Sec 316 application for endorsement

Sec 317 - procedure

Cancellation of endorsement sec 318

The Registrar may cancel any endorsement
By court order;
Upon expiry of the tenancy;
The Registrar shall endorsement against the
cancelled endorsement note of the date of
cancellation and the reason thereof.

THANK YOU