QUESTION 1 Mr.

Amir is the co-owner of a piece of three hectares agricultural land with three others coowner having equal shares. He intends to obtain separate land title to his land. Discuss the choice that are available to him and recommend the best option that he can take. Answer : According to this case, the best way that recommended to Mr. Amir where he should take the land undergoing of partition. Under sec.140, partition of land means any alienated land which is held under Registry title or Land Office title with two or more persons as a co-proprietor by agreement between those co-proprietor and approval of the State Director or Land Administrator. In sec. 141 stated that, the application of partition will be approving by State Authority if each of the co-proprietor agree with the application to partition the land. Mr. Amir has to make sure that the other three co-proprietors agree with the partition that he want to take on that land. If one of them does not agree with the partition of land, application of partition by Mr. Amir will not proceed. Mr. Amir should fill form 9B to the Land Administrator for approval of the partition of land. Form 9B should be accompanied with fees, plan of the land and all details of the land that want to partition and a copy of any approval or written consent from the other three co-proprietors. After submit form 9B, Mr. Amir have to wait for the approval from State Authority. Within 28 days from the date of application, if any co-proprietor does not satisfied or have any obstruction, they have to issue that within this 28 days. After that, if there are no obstructions, application of partition to the land by Mr. Amir is approved and he will get their separate title.

QUESTION 2 Explain the Following Terms :

1. Partition of Land According to sec. 140, partition of land means any alienated land which is held under Registry title or Land Office title with two or more persons as a co-proprietor by agreement between those co-proprietor and approval of the State Director or Land Administrator. In sec. 141 stated that, the application of partition will be approving by State Authority if each of the co-proprietor agree with the application to partition the land. Every application of partition of land shall be made by using form 9B. In Malay : Pecah bahagian Tanah bermaksud mana-mana tanah yang dipegang di bawah hak milik Pejabat Pendaftar atau hakmilik Pejabat Tanah, yang dimiliki oleh dua orang atau lebih sebagai tuan punya bersama dibahagikan untuk meletak hak pada setiap tuan punya tanah di bawah satu hakmilik berasingan dengan kelulusan Pengarah Negeri atau Pentadbir Tanah.

2. Amalgamation of Land According to sec. 146, amalgamation of land is a process where two or more contiguous lots of alienated land vested under separate Registry or Land Office titles, which held under separate title by one proprietor, are combined into one and to be held by him under single title. The amalgamation of any lots which are not situated in the same Mukim, town or village is not allowed.

3. Subdivision of Land According to sec. 135, subdivision of land is the act of dividing land into a piece to make it easier to sell or develop. Subdivision is a process where land under Registry or Land Office title or qualified title in continuation of final title or final title is subdivide into two or more portions and each of separate portions to be held by same proprietor but under separate titles.

In Malay : Sempadan tanah yang dipegang di bawah hakmilik tetap sama ada hakmilik Pejabat Tanah atau hakmilik Pejabat Pendaftar dipecahkan kepada dua atau lebih bahagian supaya setiap satunya dipegang di bawah hakmilik yang berasingan oleh tuan punya tanah yang sama atau tuan punya tanah bersama yang sama.

4. A Reserve Land (For public purposes) State land reserved for a public purpose is called reserved land. In sec. 5 was stated that, reservation of land is defines as land for time being reserved for a public purpose in accordance with the provision sec. 62 or any previous land law. Reserved lands are normally maintained by the officers of the State or Federal departments. Reserve land for the public purpose is gazette under sec. 62 or the corresponding provision in the previous State land laws.

5. A Reserve Forest A reserve forest is a specific term for designating forests and other natural areas which enjoy judicial and constitutional protection under the legal systems of many countries. In Malaysia, a reserved forest is under the National Forestry Act 1984 Government were seriously protected this reserved forest for the purpose of destruction of habitat. There are a lot of reserved forest areas in Malaysia. For example is at Ulu Muda Forest Reserve that is located in a remote and isolated forest in the north-east of Kedah, bordering next to Thailand and within the districts of Baling, Padang Terap and Sik. It was gazette since 1932 as a permanent forest reserve and still remains until now just as impermeable to most of us. Currently, the forest reserves have been proposed for gazettement as a National Park under the National Park Act 226/1980.

6. A Malay Reservation A Malay reservation is gazette under the various Malay Reservations Enactments. There are several Malay Reservation Enactments in Malaysia, such as Malay Reservation Enactment Kelantan 1930, Malay Reservation Enactment Kedah 1931, Malay Reservation Enactment Perlis 1935, Malay Reservation Enactment Johor 1936 and Malay Reservation Enactment Terengganu 1941.

The objective of this reservation is to prevent State Land in Malay Reservation Area from being disposed by any means to the non-Malay and prevent any private dealings between Malay and non-Malay in term of Malay Holding or Malay Reservation Land. Land that can be declared as Malay reservation are state land, reserved forest land, land reserved for a public purpose and alienated land. It can be declared with the conditions where only land that has not been developed or cultivated may be declared as Malay Reservation (Federal Constitution, Article 89 (2)).

7. Qualified Title The qualified title or QT issued before a final title is issued. Any land that held under qualified title cannot be undergoing subdivide, partition and amalgamated with any other land. Building that situated on the land that held under a QT cannot be subdivided except if the land has been duly surveyed and a certified plan has been approved by the District Surveyor. The boundaries of land under a QT are only provisional if it has not been established by any earlier survey. QT comprises of qualified title corresponding to Registry title and Qualified title corresponding to Land Office title.

8. Final Title The final title is only issued after a final survey of the area has been carried out by the government. The land area stated in the qualified title is usually the provisional area and may differ slightly after a final survey has been carried out. Final Title or FT comprises of Registry title or Land Office title. Any land that held under final title can be undergoing subdivide, partition and amalgamated with any other land.

REFERENCES

1. National Land Code (Act 56 of 1965) & Regulations, 20th January 2009, Pg. 130-134, On 7 April 2012.

2. Malay Reservation Enactment, Retrieved May 11, 2012, From : http://www.kptg.gov.my/en/policy-laws/list-of-laws/enacment--act/malay-reservesenactment.html

3. Land conversation, amalgamation and subdivision, (1997), Retrieved May 11, 2012, From : http://eprints.utm.my/4851/1/land_conversion.pdf

4. Malaysia Geoportal, Retrieved May 11, 2012, From : http://www.mygeoportal.gov.my/643.aspx

5. Ulu Muda Forest Reserve, (2010), Retrieved May 12, 2012, From : http://northern.malaysianaturalheritage.com/?p=154