Summary
The National Land Code 1965 defines land, distinguishes between fixtures and chattels, and outlines title indefeasibility. It details land disposal methods like alienation and lease. The Torrens Systems Mirror and Curtain principles ensure accurate land title registration. Land acquisition under the Land Acquisition Act 1960 requires specific documents and follows a structured process. The Code also addresses building purposes on agricultural and industrial lands, and the implications of unauthorized surveys. Surrender and re-alienation provisions allow land use changes. Licensed land surveyors must adhere to duties or face penalties. Objections to land acquisition purposes are generally invalid, but compensation disputes can be appealed under Section 37.Full Conversation
Determine the Twin principles of the Torrens System, from nlc
The Twin principles of the Torrens System, as provided by the National Land Code (NLC) *, are:
*. Mirror Principle:
- The register of land titles accurately and completely reflects the current facts about title to each piece of land.
*. Curtain Principle:
- The register is the sole source of information for determining the title, and one does not need to look beyond it to discover interests affecting the land.
Give restrictions in powers of disposal of State Authority according to National Land
Code(NLC) *.
According to the National Land Code *, the restrictions in the powers of disposal of the State Authority include:
- Land can only be disposed of following the procedures stipulated in the NLC.
- Disposal must adhere to the classifications and categories of land use.
- Certain lands, such as reserved lands or those with caveats, have restrictions on disposal.
- Disposal must ensure compliance with public interest and national security considerations.
methods for disposal of land by nlc
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According to the National Land Code (NLC) *, methods for disposal of land include:
- Alienation: The State Authority grants land to individuals or entities.
- Temporary Occupation License (TOL): Permission for temporary use of state land.
- Lease: Long-term renting of state land.
- Permit to Occupy: Short-term permission for specific purposes.
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Give any five (*) purposes of a building erected on the land under category "building". in nlc
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According to the National Land Code (NLC) *, five purposes of a building erected on land under the category "building" include:
- Residential
- Commercial
- Industrial
- Institutional
- Mixed development
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Give documents that need to be submitted to acquire land for mineral mining purpose
according to the Land Acquisition Act *.
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To acquire land for mineral mining purposes according to the Land Acquisition Act *, you need to submit the following documents:
- Application for land acquisition
- Detailed project proposal
- Environmental Impact Assessment (EIA) report
- Proof of financial capability
- Land survey report
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in what section of laa
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The section of the Land Acquisition Act * (LAA *) pertaining to the power to enter and survey land is Section *.
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Action that needs to be taken by the Director of Survey and Mapping if any alienated
land has ceased to be part of any town, village or mukim according to laa section
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According to the Land Acquisition Act *, if any alienated land has ceased to be part of any town, village, or mukim, the Director of Survey and Mapping must:
- Reclassify the land status.
- Update land records and maps to reflect the new classification.
- Notify relevant authorities and landowners about the change in land status.
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in what section
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The section of the Land Acquisition Act * (LAA *) that pertains to the action needed by the Director of Survey and Mapping if any alienated land has ceased to be part of any town, village, or mukim is Section *.
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Action that needs to be taken if someone wants to temporarily remove his land's
boundary mark.
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To temporarily remove a land boundary mark, the following actions should be taken according to the National Land Code *:
*. Obtain written permission from the Director of Survey and Mapping.
*. Submit a formal application stating the reason for removal.
*. Ensure that the boundary mark is accurately re-established and surveyed after temporary removal.
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Based on the Land Acquisition Act *, explain preliminary investigation for land
acquisition by the Land Administrator.
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Based on the Land Acquisition Act *, the preliminary investigation for land acquisition by the Land Administrator involves the following steps:
*. Notice of Intended Acquisition: Issue a notice to inform landowners of the intended acquisition.
*. Preliminary Survey: Conduct a survey to determine the suitability of the land for the intended purpose.
*. Report: Prepare a report on the findings and submit it to the State Authority.
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Explain on the element of Islamic Law in the early era of land administration in Malaysia according to nlc
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The element of Islamic Law in the early era of land administration in Malaysia according to the National Land Code (NLC) is not explicitly detailed in the NLC itself. However, historically, Islamic principles influenced land tenure and administration, particularly in Malay states where Islamic rulers governed. These principles included:
- Wakaf (Endowment): Land dedicated for religious or charitable purposes.
- Musha' (Communal Land): Land held collectively by a community.
- Hibah (Gift): Land transferred as a gift, often within families.
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differenciate mirror principle and curtain principle according to nlc
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The twin principles of the Torrens System, as provided by the National Land Code (NLC) *, are:
- Mirror Principle: The land register accurately reflects the current facts about the title to each piece of land.
- Curtain Principle: The land register is the sole source of information for determining the title, and one does not need to look beyond it to discover interests affecting the land.
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Identify the effectiveness of Torrens principles as applied to land registration in Malaysia
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The effectiveness of Torrens principles in Malaysia:
- Mirror Principle: Generally effective as it provides clarity and assurance of ownership, reducing disputes.
- Curtain Principle: Ensures that the register is the sole source of information, simplifying the process of verifying land titles.
- However, inefficiencies in updating the register and issues of fraud can sometimes undermine these principles.
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explain indefeasibility of title of land according to nlc
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Indefeasibility of title, according to the National Land Code (NLC) *, means that once a person is registered as the owner of a piece of land, their title is guaranteed to be secure and cannot be challenged except under specific circumstances, such as fraud, forgery, or if the title was obtained illegally.
Briefly explain the example of situation for planned and unplanned alienation as applied
to land disposal by the state authority.
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Planned Alienation:
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Example: A state authority plans and allocates a specific area for residential development. The land is surveyed, subdivided, and then sold to developers or individuals.
Unplanned Alienation:
- Example: In response to an urgent need, such as natural disaster recovery, the state authority allocates land without prior detailed planning to provide immediate housing or facilities.
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Relate the Register Document of Title (RDT) as shown in Figure * with the process of
land registration regarding the type, form and schedule used
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The Register Document of Title (RDT) in the context of land registration involves the following:
*. Type: The RDT is a formal document that provides evidence of the land title and ownership.
*. Form: It includes details such as the owner's name, property description, and any encumbrances or caveats.
*. Schedule: The registration process follows a specific schedule that includes application submission, land survey, approval by authorities, and issuance of the RDT.
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how do you explain fourteenth schedule on nlc
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The Fourteenth Schedule of the National Land Code (NLC) * deals with the compensation for the acquisition of land. Here are the key points:
- Details the factors to be considered in compensation.
- Methods to assess market value.
- Includes provisions for solatium (additional compensation).
- Guidelines for determining interest on compensation.
- Procedures for payment and distribution.
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Explain the purposes of the building that can be erected on an agriculture land in
according to the National Land Code *.
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According to the National Land Code *, buildings that can be erected on agricultural land include:
- Farmhouses: Residences for farmers and their families.
- Barns: Storage for agricultural produce and livestock.
- Stables: Housing for horses and other animals.
- Greenhouses: Structures for growing plants.
- Storage Sheds: Facilities for storing equipment and tools.
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Explain the purposes of the building that can be erected on an industrialland in
according to the National Land Code *.
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According to the National Land Code *, buildings that can be erected on industrial land include:
- Factories: For manufacturing and production.
- Warehouses: For storage and distribution of goods.
- Workshops: For repair and maintenance activities.
- Power plants: For generating electricity.
- Research and development facilities: For innovation and testing.
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Elaborate the implied conditions for the land under the category of building and industry
based on National Land Code *.
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To help you better understand the implied conditions for land under the category of building and industry according to the National Land Code *, here are the key points:
Building Land:
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Usage Restrictions: Must be used for purposes such as residential, commercial, institutional, or mixed development.
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Development Conditions: Any structure must comply with local building regulations and obtain necessary permits.
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Maintenance: Owners are required to maintain the building and land in good condition.
Industrial Land:
- Usage Restrictions: Must be used for industrial purposes like manufacturing, warehousing, and research facilities.
- Environmental Compliance: Must adhere to environmental regulations and zoning laws.
- Infrastructure Requirements: Facilities such as power plants or factories must meet specific infrastructure standards.
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Surrender and re-alienation is a special provision which are included in the National
Land Code * through National Land Code (Amendment) Act * (Act A587) which
came into force on * March *. Identify with appropriate example, the intention of
that provision.
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The intention of the surrender and re-alienation provision in the National Land Code (Amendment) Act * (Act A587) is to allow landowners to surrender their land to the State Authority and have it re-alienated for different uses or purposes.
Example:
- A landowner surrenders agricultural land to the state, which is then re-alienated as residential land, allowing for housing development.
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lease meaning in law
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A lease in law refers to a contractual agreement where one party (the lessor) grants another party (the lessee) the right to use a property for a specific period in exchange for periodic payment (rent).
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There are a few situations where the Registrar or Land Administrator may register caveat
on the document of title. Discover two (*) examples of related situation.
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Here are two examples where the Registrar or Land Administrator may register a caveat on the document of title:
*. To protect the interest of the government or public, such as ensuring compliance with land use regulations.
*. In cases where there is an ongoing dispute or litigation regarding the ownership or rights to the land.
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give situations
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Sure, here are a few situations based on the legal information provided:
*. Land Disposal Methods: Applying for land alienation, temporary occupation license (TOL), or lease for state land.
*. Building on Agriculture Land: Constructing a farmhouse or barn on agricultural land.
*. Land Acquisition for Mining: Submitting necessary documents for acquiring land for mineral mining under the Land Acquisition Act *.
*. Temporary Boundary Removal: Applying for permission to temporarily remove a land boundary mark.
*. Surrender and Re-Alienation: Surrendering agricultural land to the state for re-alienation as residential land.
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Determine the duties of a licensed land surveyor to complete a title survey and
consequences faced by him if he fails to complete the title survey
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To determine the duties of a licensed land surveyor in Selangor for completing a title survey and the consequences if they fail, here are some key points:
Duties of a Licensed Land Surveyor:
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Conduct Accurate Surveys: Measure and map land boundaries accurately.
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Prepare Survey Reports: Document findings and submit reports.
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Ensure Compliance: Adhere to legal and regulatory standards.
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Stake Boundaries: Mark the land boundaries on the ground.
Consequences of Failing to Complete a Title Survey:
- Penalties: Fines or legal penalties.
- License Suspension: Possible suspension or revocation of the surveyor's license.
- Legal Actions: Potential lawsuits from affected parties.
- Loss of Reputation: Damage to professional reputation.
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Rizam is the registered owner for a piece scheduled land situated in Ipoh, Perak. The
government later announced to acquire the land to be developed as an industrial area.
Due to the said acquisition, his land will be acquired. He was not satisfied and thus
objected to this acquisition and refused to vacate the land. According to the Land
Acquisition Act *, recommend him the idea on the following:
i) Whether he can object to the acquisition because of dissatisfaction with the purpose
of the acquisition
ii) Whether he can object to the amount of compensation awarded
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For Rizam's situation under the Land Acquisition Act *:
- Objecting to the Purpose of Acquisition:
- Generally, objections based on dissatisfaction with the purpose of acquisition are not considered valid. The government has broad discretion to acquire land for public purposes.
- Objecting to the Compensation:
- He can object to the amount of compensation awarded. If dissatisfied, he can appeal to the Land Administrator to reassess the compensation amount.
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give proof with section
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For objections and compensation under the Land Acquisition Act *:
- Objecting to the Purpose of Acquisition:
- Generally, objections based on dissatisfaction with the purpose of acquisition are not considered valid. This is implied in Section * which outlines the state's power to acquire land for public purposes.
- Objecting to the Compensation:
- He can object to the amount of compensation awarded. According to Section *, if dissatisfied with the compensation, he can appeal to the Land Administrator to reassess the compensation amount.
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