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Land Management
Is there a limit to the power of the National Land Code?

Although the National Land Code is a major land law, it can not overcome several other land laws:

a. Terengganu Settlement Enactment 1856

In addition the provisions shall not apply if it contravenes the provisions of any law on:

a. Customary land
b. Malay Reservation Land
c. Mining Land
d. Sultanate Land
e. Waqaf or "Baitulmal" Land
f. Rice Planting Act, 1967
g. Kelantan Land Settlement Ordinance, 1955
h. Land (Group Placement Area) Act 1960
i. Any laws regarding exemption from land revenue payment.

What is the National Land Code (KTN) 1965?

National Land Code (KTN) has been enacted in accordance with Article 76(4) Federal Constitution on 18 September 1965. The purpose is to provide a uniform land holding and management system in all eleven states in Peninsular Malaysia.

What are the benefits of the Torrens System?

The Benefits of the Torrens System are as follows:

a. Everyone who owned land will hold a clear document of title, guaranteed by the government. Document of title contains information on all conditions and interest involve of the land.
b. Each person can trade in land by registration of memorandum stereotypes easily without requiring complex and expensive search through the previous documents.
c. Land ownership and rights of all persons who held the lease or charge can not be denied.

What is the land management system used in Malaysia?

The land management system used in Malaysia is the Torrens System. This system originated from South Australia. The system was named after Sir Robert Torrens who introduced it to South Australia in 1858.

When the National Land Code be enforced?

The National Land Code 1965 came into force on 1 January 1966 (through L.N. 474/1965) in all states in Peninsular Malaysia. Sabah and Sarawak use their own land law. The use of the National Land Code 1965 has resulted in several land laws coming into force before January 1, 1966 repealed. The list of laws to be abolished is contained in the Eleventh Schedule of the National Land Code.

Apart from the National Land Code, is there any other laws relating to land used in Malaysia?

The National Land Code is the primary land law for all states in Peninsular Malaysia. However there are other laws used in land management.
Among them are:

a. Land Acquisition Act, 1960
b. Land Act (Group Placement Area), 1960
c. Small Estate Act (Distribution) Act, 1955
d. Malay Reservation Enactment

Land Transactions without services of a lawyer?

All land transactions can be done without a lawyer depends on the consensus between seller, buyer and the bank as well.

For the land transaction of nothing in return (pemberian secara kasih sayang) such as from a husband to a wife, a father to a child or a mother to a child, the Form 14A can be signed (attestation) in front of a Registrar/ Land Administrator for free.After that, one must deal with LHDN/ JPPH for the purpose of land valuation to get to know the amount of stamp duty to be paid. Once the stamp duty is paid, presentation can be made at the Director of Land and Mines Office (for Registry Title) / Land Office (for Land Office Title) where the land is situated. .

Besides that, land transaction via cash payment can also be made without a lawyer. Otherwise, if the land transaction is via bank loan, the bank will normally request it is done by a lawyer.


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