M E

W E L C O

to REV159 Class!

CHAPTER 1
REVISION FROM REV119 & INTRODUCTION
NUR AFIQAH BINTI ANUAR
Historical background of land law in
Malaysia

The Straits
Settlement

The The
Unfederated Federated
Malay States Malay States
The Torrens System
● Introduced during the British colonial rule by WE Maxwell after returning
from Australia to observe the land tenure there. The Torrens System suited
the Malaysian land tenure system.
● The Torrens System was first introduced into the FMS. There was already a
system of land law based on Malay custom and Islamic law then
● Continued in force until repealed by the FMS Land Code 1926 – amended in
1928
● The 1928 Land Code was repealed and replaced by the National Land Code
1965
BACKGROUND
● The two main systems of registration that exist today are the registration of
title and the registration of deeds.
● In the new British colony of South Australia, in the mid 1850's, Robert
Richard Torrens (later Sir Robert) compared the method of registration of
ships with the English system of registration of deeds which had been
introduced at the colony’s settlement.
● He decided that there must be a better and easier way of registering not
only the ownership of land, and interests in land, but also recording any
transactions that were undertakemid-1850'n by those with an interest in
that land.
Twin principle of the Torrens System
MIRROR PRINCIPLE
● Under Torrens System, the register reflects all the facts material to the
registered owner’s title in the land
● These material facts refer to :-

Name of the
The land which has
proprietor for the time Area and location
been alienated
being

Survey plan Boundary limits

Twin principle of the Torrens System
CURTAIN PRINCIPLE
● Any transaction between registered owner and potential purchaser, the
latter will be concerned only with register and nothing else
● The purchaser can safely rely on the information revealed in the register
● To allow an investigation as to the right of the person who holds the title
would be wrong – defeat the purpose and object of registration
Advantages of the Torrens System

Security and certainty of title is official and guaranteed

Diminution (reduction/shortening) of delay and expenses

Simplification of titles and dealings

Accuracy

Indefeasibility of title
DEFINITION OF LAND UNDER NATIONAL LAND CODE (ACT 828)?
DEFINITION OF LAND
● Section 5 NLC define land as

○ (a) That surface of the earth and all substances forming that surface;

○ (b) The earth below the surface and all substances therein;

○ (c) All vegetation and other natural products, whether or not requiring the
periodical applications of labor to their production and whether on or below the
surface

○ (d) All things attached to the earth or permanently fastened to anything attached
to the earth, whether on or below the surface; and

○ (e) Land covered by water

● The definition of land under paragraph (d) of Section 5 provides a further extension to the definition especially
if it covers the area related to fixtures.
● However this paragraph does not provide explanation in determining whether a particular item forms part of
the land (fixtures) or remains a chattel
DEFINITION OF LAND

● The definition of land as provided in Section 5 (a) to (d) could be read as;
“Land includes not only soil on earth but also all the subjacent and superjacent
things of permanent in nature affixed to the earth whether by nature, eg:”

○ Water, tree, growing crops, mineral under the land surface or by hand
of man on things of a physical nature ie building; fixtures; bridges etc
Importance of Land Definition

To avoid litigation To facilitate dealings

(perbicaraan) on land in land

To facilitate and
shorten the Sale and
To facilitate land
Purchase Agreement,
administration
Lease Agreement on
land matters.
FIXTURE AND CHATTEL
● In order to determine ownership of the land, it is important to identify what
constitutes fixture, as land has been defined to include things attached to
land.
● It is important to define land especially to facilitate dealings in land

Example :A landowner who has sold a piece of

land with fruit tress growing on it, might argue
that he only intended to sell the land not the tree
DIFFERENCE BETWEEN FIXTURES AND
CHATTELS

FIXTURE CHATTEL
An item that An item even
is attached to if attached to
land and the land and
immovable removable

Shall form Shall not form

part of the part of the
land land

DO THAT GOODS IMPROVE VALUE OF PROPERTY OR NOT?

CLASSIFICATION OF LAND
● Section 51
● Land above the shore-line can be classified as

• A land in any area of the State declared in accordance

with the provision of Section 11 to be a town or, by
virtue of Section 442, deemed to be a town duly
Town land constituted as such under those provisions

• A land in any area of the State declared in accordance

with the provision of Section 11 to be a village or, by
virtue of Section 442, deemed to be a village duly
Village land constituted as such under those provisions

• All land above the shore-line other than town land

Country village land
land
TOWN LAND = TANAH Bandar

VILLAGE LAND = TANAH Pekan

COUNTRY LAND = TANAH Desa

CATEGORY OF LAND USE
● In 1985, NLC recognized 4 categories of land use

○ Agriculture

○ Commercial

○ Residential Before
○ Industrial

● Under the latter concept, NLC (Section 52) just

recognized 3 categories of land use After
○ Agriculture

○ Building

○ Industrial
CATEGORY OF LAND USE
● These legal concepts are aimed at ensuring certain major objective attained
by the land administrators, including the following :

Order in development, e.g

zoning for future
industrial areas, planning
Maximum utilization of the
for essential services,
land
density control for health
reason or political
consideration

Identification for future

acquisitions
LAND TITLE

● Land Title which is registered in the Land Office.

● Land Administrator (formerly known as Collector of Land Revenue) who is
responsible to register Land Office Title.
● Land Office refers to Pejabat Tanah dan Daerah which is located within
one office for each district such as Pejabat Tanah dan Daerah Perak
Tengah, Bandar Seri Iskandar.

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 CATEGORY of land title

Registrar’s Office Title Land Office Title

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LAND OFFICE TITLE IS DIVIDED TO FINAL TITLE AND
QUALIFIED TITLE
LAND OFFICE TITLE

QUALIFIED TITLE FINAL TITLE

FREEHOLD LEASEHOLD FREEHOLD LEASEHOLD

HAKMILIK SEMENTARA MUKIM GERAN PAJAKAN

(HSM) MUKIM (GM) MUKIM
(PM)

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