Land Laws of Malaysia
QUESTION 1
The land laws of Malaysia are contained in the main pieces of legislation. What are they? The National Land Code 1965 was made effective from 1st of January 1966. It was enacted to ensure uniformity of land laws and land policies with respect to land tenure, registration of titles relating to land, transfer of land, leases, charges in respect of land, easements and other rights and interests inland. Some of the contents of National Land Code 1965 are as follows: indefeasible title is obtained upon registration, but only deferred indefeasibility; adverse possession is no longer possible as against the state or an individual proprietor; the recognition and applicability of rules of equity in providing protection for an unregistered interest; alienated land may be reverted to State Authority on certain circumstances; possessory rights will not be granted irrespective of the duration of possession; adverse possession against the state is no longer possible as contained in the earlier 1928 Code; recognition of Strata titles; provision for entering or lodging Caveats and provision for granting of easement. National Land Code (Penang and Malacca Titles) Act 1963 (Act 518) regulates land tenure in the states of Penang and Malacca. It came into force on 1 January 1966 simultaneously with the National Land Code 1965. The National Land Code (Penang and Malacca Titles) Act 1963 (Act No 2 of 1963 was subsequently revised in 1994 to the National Land Code (Penang and Malacca Titles) Act 1963 (Act 518) Pursuant to the terms of s 438A, the Federal Territory (Modification of National Land Code) Order 1974 (with effect from 1 February 1974) made provision for the Code to apply in the Federal Territory subject to appropriate amendments. Sarawak is regulated by the Sarawak Land Code (Cap 81) which was enacted in 1957 and came into force on 1st January 1958. The structure is similar to that of the National Land Code 1965 but is slightly different as there is,
The land laws of Malaysia are contained in the main pieces of legislation. What are they? The National Land Code 1965 was made effective from 1st of January 1966. It was enacted to ensure uniformity of land laws and land policies with respect to land tenure, registration of titles relating to land, transfer of land, leases, charges in respect of land, easements and other rights and interests inland. Some of the contents of National Land Code 1965 are as follows: indefeasible title is obtained upon registration, but only deferred indefeasibility; adverse possession is no longer possible as against the state or an individual proprietor; the recognition and applicability of rules of equity in providing protection for an unregistered interest; alienated land may be reverted to State Authority on certain circumstances; possessory rights will not be granted irrespective of the duration of possession; adverse possession against the state is no longer possible as contained in the earlier 1928 Code; recognition of Strata titles; provision for entering or lodging Caveats and provision for granting of easement. National Land Code (Penang and Malacca Titles) Act 1963 (Act 518) regulates land tenure in the states of Penang and Malacca. It came into force on 1 January 1966 simultaneously with the National Land Code 1965. The National Land Code (Penang and Malacca Titles) Act 1963 (Act No 2 of 1963 was subsequently revised in 1994 to the National Land Code (Penang and Malacca Titles) Act 1963 (Act 518) Pursuant to the terms of s 438A, the Federal Territory (Modification of National Land Code) Order 1974 (with effect from 1 February 1974) made provision for the Code to apply in the Federal Territory subject to appropriate amendments. Sarawak is regulated by the Sarawak Land Code (Cap 81) which was enacted in 1957 and came into force on 1st January 1958. The structure is similar to that of the National Land Code 1965 but is slightly different as there is,