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LECTURE 6 & 7
Building Law II
zulkifly sapeciay
dept. of building survey
faculty of architecture, planning and surveying
uitm shah alam malaysia
DISPOSAL
Keywords
State Authority,
State land,
Disposal,
Alienation,
Reservation,
Lease of Reserved Land,
Temporary Occupation License,
Permit
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SYNOPSIS
Torrens system NLC 1965 section 40 land within state territory belongs
to the ruler.
As the owner of the land, SA has power to manage the land in whatever
manner it pleases.
In a capitalist economy, individuals and bodies expect to be allowed to own
land for economic activities and for personal wealth.
Thus the NLC 1965 gives power to SA to dispose of State Land in various
forms.
The NLC 1965 does not recognised adverse possession of State Land.
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TYPES OF DISPOSAL
1) Alienation
2) Reservation
5) Permits
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STATUTORY PROVISIONS
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STATUTORY PROVISIONS
DIVISION I (PART 3)
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STATUTORY PROVISIONS
DIVISION II PART 5
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STATUTORY PROVISIONS
DIVISION II PART 5A
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STATUTORY PROVISIONS
DIVISION II PART 4)
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STATUTORY PROVISIONS
DIVISION II PART 4)
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STATUTORY PROVISIONS
DIVISION II PART 4)
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DISPOSAL OF LAND
Type of disposal
a) Dispose by alienation
Definition
A transferring of property, or the voluntary
resignation of an estate by one person, and its
acceptance by another.
Best security.
ALIENATION OF LAND
FREEHOLD LAND (contd)
State authority will alienate in perpetuity only
where [section 76 of the NLC] :-
The Federal Government requires the State
Authority to them or public authority.
To be used for public purposes.
Right of access
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EXTENT OF DISPOSAL
Cases
Mdm. Chah Siam v. Chop Choy Kong Kongsi [1939] MLJ Rep. 187
Guan Soon Tin Mining Co. v. Ampang Estate Ltd. [1973] 1 MLJ 25
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ALIENATION
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ALIENATION
Cases
Procedure
Dr. Ti Teow Seow & anor v. Pendaftar Geran-Geran Tanah Negeri
Selangor
Restriction in interest
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FORM OF TITLE
Final title
Final form of title under which lands are
alienated after they have been surveyed.
Section 51
NLC 1965
S.51(1)(a) S.51(1)(b)
Bankers.
DEALINGS
C. CHARGES (contd)
Charges does not involve the transfer of the
land to the chargee.
The chargee has the power of take
possession/foreclosure upon default of
repayment of the debt.
The registration of charge confers upon the
chargee a legal interest in the land.
HO GIOK CHAY V NIK AISHAH (1961)
1. Caveats
2. Prohibitory order
CAVEATS
The Latin cavere, means "warning" (or more
literally, "let him beware").
2. Trust Caveats
3. Lien-holder Caveats
4. Registrars Caveats