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DISPOSAL

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CONTENT Learning Outcomes Introduction Statutory Provisions Alienation Reservation Lease of Reserved Land

Types of Disposal
Persons Land may be disposed off

Temporary Occupation License


Permits

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Learning Outcomes At the end of the lecture students should be able to: Explain the procedure of land alienation and registration; Explain the provisions for reversion of alienated land; Discuss the issues relating to temporary occupation licence; and Discuss the extent of primary rights enjoy by a registered land owner under the NLC 1965; and
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Introduction Land is a valuable asset both to the state as well as to individuals. Citizens in a capitalist democratic country expect to own property (land). The NLC 1965 contains express provisions empowering the State Authority to dispose of State Land in various degrees.

The 1965 Code sets out the power, procedure, conditions and rules relating to land ownership.
The 1965 Code does not recognised adverse possession of State Land.
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Statutory Provisions

General

Extent of Disposal Alienation

Reversion

Titles

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General
Section 5 Definitions (keywords) Section 40 Property in state land, minerals & rock materials Section 41 Powers of disposal of & rights reversion Section 42 Powers of disposal Section 43 Persons land may be disposed of Section 48 No adverse possession against the state
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Extent of Disposal Section 44 Section 45 Extent of disposal (general) Extent of disposal (minerals, rock materials and forest produce)

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Reversion Section 46 Section 46A Section 47 Section 49 Reversion, etc., to the State Authority Reversion (undivided share) Reversion (building) Reversion (Effect of advance/retreat of sea

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Reversion

Section 50 Section 46A Section 47

Power of State Authority to extend time Reversion (undivided share) Reversion (building)

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Section 5

Disposal Document of title Land office title Proprietor Registry title State Authority Temporary Occupation Licence
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Alienate final document of title Mukim grant Qualified title Reserved land State land

Alienated Land final title Mukim lease Register document of title Restriction in interest State lease
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Section 42(1)

Types of Disposal Sections 76, 77, 81 & 82, Part Five (A) Sections 62 & 64 Section 63 Sections 65 - 69 Sections 70-75 (75A 75G)
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Alienation Reservation Lease TOL Permits


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Persons Land may be disposed off Section 43 (a) (b) (c) (d)
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Natural persons Corporations Sovereigns, governments, organisations under Diplomatic & Consular Privileges Ordinance 195

Bodies under any other written law empowered to hold land


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Persons to whom land cannot be disposed off

Mental Disorders Ordinance 1952


Bankruptcy Act 1967 Article 34 Federal Constitution

Insane person

Bankrupt

Yang DiPertuan Agong

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Alienation Condition & Restriction Registration of Titles Extent of Alienation

Introduction
Statutory Provisions Meaning of Alienation Definitions

Procedure of Alienation
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Introduction

Alienation is the most important type of disposal in relation to the other methods of disposal.
A person that is registered as the alienated land owner gets to own the land and enjoy the ownership. The NLC contains provisions relating to every aspect of the ownership. For example the registered owner enjoys primary (natural) rights and secondary (acquired) rights.

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Statutory Provisions DIVISION II Chapter 1 Chapter 2 Chapter 3 DIVISION II


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PART 5

CHAPTER 1 - 3 Ss. 76 - 78

Introduction
Approval Final Title PART 5A
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Ss. 79 - 82
Ss. 83 - 92

Ss. 92A - 92I


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Meaning of Alienation Alienate: to dispose of State Land in perpetuity or for a term of years, in consideration for payment of rent, and otherwise in accordance to section 76

Section 5

Section 76

Meaning of alienation

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Alienation Procedure The 1965 Code does not indicate specifically the procedure the State Authority should follow when making alienation. The SA gets its power from section 42 of the Code.

Section 48 rules that there can be no adverse possession against the State.
However, all state administration have their own procedures. The power to alienate land rests with the SA. The executory body of the SA is the State Executive Council.
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Alienation Procedure Generally, the SA may alienate land either on its own decision or on application.

Sidek bin Haji Mohamad & 461 Ors. v. The Govt. of the State of Perak & Ors.
Teh Bee v. Maruthamuthu Seri Connolly v PTG Perak

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Condition and Restriction Condition here refers to the power of the SA to impose express condition of land use at the time passing the alienation resolution (sections 52(3) and 120]. Restriction in interest refers to restraint of dealings imposed by the SA at the time of alienation (section 120) Dr. Ti Teow Seow & anor v. Pendaftar Geran-Geran Tanah Negeri Selangor

Toh Huat Khay v Lim A Chang (in his capacity as the executor of the estate of Toh Hoy Khay, deceased) [2010] 4 MLJ 312
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Registration of Titles The NLC 1965 is based on the Torrens System. Raja Azlan Shah in Teh Bee v. Maruthamuthu said that under the Torrens System the registration is everything.

Thus when the SA alienates land, the registration is concluded by the issuance of document title.

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Titles

Section 77(1)
Section 77(2) Section 77(3)

a) Final Title (Registry/Land Office Title); &


b) Qualified Title a) From Qualified Title to Final Title (surveyed under section 396) a) Appropriate for Registry Title Final Title b) Appropriate for Land Office Title

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Titles Section 77(1) a) Final Title (Registry/Land Office Title); &

b) Qualified Title a) From Qualified Title to Final Title (surveyed under section 396)
a) Appropriate for Registry Title b) Appropriate for Land Office Title Final Title
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Section 77(2)
Section 77(3)

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Definitions

Disposal

State Land State Authority

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Disposal

Section 5

Any disposal of land made by the State Authority in the exercise of any of the powers conferred by section 42
Therefore: Disposal is a method used by State Authority to enable people to acquire a variety degree of rights with respect to State Land.

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State Land
All land in the State, including
so much of the bed of any river foreshore, and seabed

Section 5

Within the territory of the State or territorial waters, but excluding

Alienated Reserved land Mining land Forest reserve


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State Authority
All land in the State, including
so much of the bed of any river foreshore, and seabed

Section 5

Within the territory of the State or territorial waters, but excluding

Alienated Reserved land Mining land Forest reserve


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Extent of Alienation Section 44 Extent of disposal: general (a) Air space Natural Rights (b) Right of support (c) Right of access

Section 45

Extent of disposal : minerals, rock materials and forest produce


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Extent of Alienation Exclusive use and enjoyment of air space Cujus est solum ejus est usque ad coelum et ad inferos Whose is the soil, his is also that is above and below it.

Lacroix v. The Queen [1954] 4 DLR 470


Swetland v. Curtis Airport Corpn. (1932) 55 F 2nd 201 Right of support in its natural state Mdm Chah Siam v. Chop Choy Kong Kongsi [1939] Guan Soon Tin Mining v. Ampang Estate Ltd [1973]
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