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LAND LAW II
LECTURE WEEK 1
1
Introduction
2
Dealings of Alienated Land
3
What are dealings?
4
Definition of “dealings”
5
Dealings that require registration are:-
Transfers;
Leases
Charges and easements
6
Dealings that do not require
registrations are:
Tenancies; and
Liens.
7
What is “interest in alienated land”?
Includes:-
a lease and sublease of alienated land;
8
Forms for registrable dealing
9
What constitutes Registration – s
304
• s 304: definition of registration
• Section 304(2):
• The Registrar shall register any instrument
by making a memorial on the register
document of title under his hand and seal.
• Formalities and procedures - sections 207
to 212: s 206(1)
10
Mohamad bin Buyong v Pemungut Hasil
Tanah Gombak
12
Section 304 (4):
13
Execution of instrument
14
Attestation of an instrument of
registrable dealing: s 211
• Natural person: Fifth Schedule.
• Attestation by LA only [paragraph 3 of Fifth
Schedule]
15
Presentation of instrument and
endorsement on the presentation book
16
Determination of qualification of
registrable instrument
ss 297-303 NLC
17
Registration
18
Duties of Registrar when
Effecting Registration
• Section 300(1):
“The Registrar shall not register an instrument
until every instrument presented prior thereto, and
affecting the same land or interest, has been
registered, rejected or withdrawn”.
• In other words, the Registrar shall not enter a
second registration until he has settled the earlier
one.
• Every instrument of dealing must be registered in
the order of time in which it is presented for
registration. 19
Is this provision mandatory of
merely directory?
Mohammad bin Buyong
There were several transactions that were
sought to be effected over the same land.
Issue: Whether LA can register the transfer
while entry of an earlier transaction remained
on the land?
20
Duties of Registrar when
Effecting Registration
Hashim Yeop Sani J:
“on the facts of this case, the words
“shall not register” appearing in section
300(1)(a) of the Code are merely
directory and not mandatory and it is also my
view that the apparent failure on the part of
the registrar to comply with this section does
not invalidate the registration…”
21
Duties of Registrar when
Effecting Registration
• However, in Teo’s book mandatory
• Section 300(1) expressly lays down the
principle that every instrument of dealing
must be registered in the order of time in
which it is presented for registration.
• The view of Hashim Yeop Sani J in
Mohammad Buyong should be confined to
the facts of the case.
22
Duties of Registrar when
Effecting Registration
• Fitness of an instrument of dealing: s 301
• Limitation on Registrar’s powers: s 303
• Rejection or suspension: ss 298 & 299
23
Duties of Registrar when
Effecting Registration
• Matters for consideration:
• S 297: registrar to determine whether fit for
registration.
• If fit for registration, Registrar may register it.
• If not fit for registration, proceed to S 298 or
299: suspend registration in order to rectify
the error, or reject the instrument my marking
it with the word “Rejected” and return it with a
note of the reasons for rejection.
24
• When is an instrument fit for registration?
• When it fulfills the conditions under Section
301.
(eg attestation, not contrary to law, not contrary
to any restriction in interest, stamped etc)
• Nature of the Registrar’s dutyadministrative.
S 302, S 303.
25
Registrar’s Power to Correct Errors in
Entries Made on Register – s 380
• s 380(1)(2), s 382
• Island & Peninsular Development Bhd. &
Anor v. Legal Adviser Kedah & Ors [1973]
2 MLJ 71
“The error or omission referred to in Section
380(1)(a) is confined to those made by the
Registry of Land Titles and not to those made
by the parties in the instrument of transfer.”
27
Transfer
28
What may be transferred – sec. 214(1)
29
Limitation in Transfer
30
…continue
31
Section 214A – control of transfer of
estate land
32
…continue
33
Illustration – Transfer of alienated land
34
General rule on transfer
35
…continue
36
..continue
37
LEASE
38
..continue
39
…continue
40
Lease under common law
41
Elements of a lease under CL
42
Erington v. Erington & Woods
Principles to establish:-
ii. Not only that exclusive possession had been
granted;
iii. But also the intention to create the relationship of
landlord and tenant;
iv. And thereby to create an interest in the land.
Case Mohamed Mustaffa v. Kandasami
if there is no possession the transaction cannot be
a lease
43
… continue - element
44
Power to lease
45
Term of lease
46
Lease and its limitation.
47
Instrument of lease – sec 221(4)
48
Effect of registration – sec 227(1)
49
What if lease not registered?
50
…continue
52
Tenancy Exempt From
Registration(TXR)
Sec 213(1)
53
Types of Tenancy
a. Periodic Tenancy
b. Tenancy will
c. Tenancy at sufferance
d. Tenancy by estoppel
e. Tenancy coupled with Equity
54
Endorsement
55
What if the tenant fails to endorse his
tenancy against the title?
56
How endorsement made?
57
Sec 317 - procedure
58
Cancellation of endorsement – sec 318
59
THANK YOU
60