JUNE 2014
SAMPLE ANSWER
QUESTION 1
a) Briefly explain what is the meaning of the following terms;
i)
ii)
Schedule of parcel
iii)
(4 marks)
(4 marks)
(4 marks)
(d) in the case of any building or land parcels for the erection of which planning
permission was required, a certification by the Professional Architect or by the
Professional Engineer referred to in subparagraph (1)(d)(i) that the building
was constructed in accordance with the plans and specifications by reference
to which that permission was given; and the plans and specifications of the
buildings state the date on which such permission was given and the reference
number, if any;
(e) a certified copy of the final title of the lot;
(f) a certified copy of the document that certifies the super structure stage for
the case under paragraph 8(2)(a);
(g) a certified copy of the certificate of completion and compliance or
certificate of fitness for occupancy, as the case may be, except in the case
under paragraph 8(2)(a); and
(h) a certified copy of the schedule of parcel or amended schedule of parcels,
as the case may be, filed with the Commissioner under the Strata Management
Act 2012 except in the case under paragraphs 8(2)(b) and (d).
Every storey plan shall
(a) specify the lot number and the title number of the land comprised therein,
and the building and numbered storey thereof to which the plan relates;
(b) delineate, subject to the provisions of paragraphs (7)(a) and (b), each
proposed parcel and define the boundaries thereof by reference to floors and
walls showing the horizontal dimensions, without it being necessary to show
the bearing;
(c) indicate in respect of each such parcel the number by which it is described
in the proposed strata plan;
(d) specify the floor area of each parcel;
(e) distinguish such parts as are not to be included in any of the parcels but are
to become part of a common property; and
(f) contain such other details as may be determined by the Director of Survey.
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(b) issue a copy of such certificate to the Land Administrator for the purpose of
section 8; and
(c) notify the Land Administrator of the amount of fees to be collected in
respect of the plans caused to be prepared in the event of the approval of the
application.
QUESTION 2
Strata Titles Act 1985 and Strata Titles (Amendment Act) 2012, contain the
provisions for subdivision of land and building into strata titles.
a) Briefly explain the meaning of parcel, land parcel, accessory parcel,
provisional block and common property in a subdivided land or building
(8 marks)
b) Explain the procedure to apply for the subdivision of building according to
the Strata Titles (Amendment Act) 2012.
(12 marks)
ANSWER
a) Parcel in relation to a subdivided building means one of the individual units
comprised therein which (except in the case of accessory parcel) is held under
separate strata title, and in relation to a subdivided land, means one of the
individual units of land parcel
Land parcel means a unit which is comprised therein a subdivided land on
which there is a completed building of not more than four storeys which is held
under a strata title
Accessory parcel means any parcel shown in a strata plan as an accessory
parcel which is used or intended to be used in conjunction with a parcel
Common property means so much of the lot as is not comprised in any parcel
(including any accessory parcel), or any provisional block as shown in an
approved strata plan.
b) Please refer to section 9 Strata Amendment Act 2012
Application for subdivision of building, etc
9. (1) An application for the approval of the Director for the subdivision of
building, building and land, under subsection 6(1) and subdivision of land
under subsection 6(1a) shall be made in Form 1 to the Land Administrator and
shall be accompanied by
(a) such fees as may be prescribed;
(b) such fees as so notified by the Director of Survey under paragraph
8a(8)(c);
(c) a certificate of the proposed strata plan;
(d) the classification certificate of a low-cost building issued under
subsection 9b(3), if any;
(e) the written consents to the making of the application of every person
who, at the time of the application, is entitled to the benefit of a lease of
the whole or any part thereof, other than a part corresponding precisely
with, or included within, one of the parcels to be created upon subdivision;
(f) the proposed name of the management corporation, and the address
for the service of documents thereon, required to be supplied pursuant to
subsection 15(3);
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QUESTION 3
National Land Code 1965 has the provisions that empower the State Authority
to reserve land for public purpose. Explain the following processes as stipulated
in the Code.
a) The procedure to gazette land as land reserved for public purpose.
(6 marks)
b) How the reserved land may be revoke?
c) The procedure to lease land reserved for public purpose
(6 marks)
(8 marks)
ANSWER
a) Procedure to gazette Land reserved for public purpose under NLC
The procedure for reservation of land for public purpose is under section 62 of
the NLC as follows.
The State Authority may by notification in the gazette reserved any State land
for any public purpose.
Any notification gazetted under subsection (1) shalla) described the reserved land;
b) described the purpose for which the land is reserved;
c) designate the officer for the time being having the control of the
reserved land;
d) be conclusive evidence that the land so described is reserved for a public
purpose.
Copies of such notification shall be published in accordance with the provisions
of section 433.
Without prejudice to the provisions of any other written law for the time being
in force, reserved land shall not be-
a)
b)
this does not include land reserved for railway and other federal purposes
under the previous land laws outside the Federal Territory and such land is
subject to Article 85(4) of the Federal Constitution. A reserved land can be
leases for a period of up to 21 years.
Eligibility to apply for leasing
An application for the granting of a lease of reserved land can be made only by
a person or body qualified under section 43 and Part 33A of the NLC. A lease
should only be issued to one person or body.
Matters to be determined in the lease
These include the following:
a)
b)
c)
d)
e)
Conditions of lease
The lease granted is normally subject to conditions specified in Form 4E of the
NLC and other conditions as prescribed in the State Land Rule.
Conditions specified in Form 4E:
a)
b)
c)
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QUESTION 4
a) The National Land Code 1965 specifies the authorities that have the power
to correct errors found in the certified plan or the land title. Explain the
procedure to correct these errors.
(10 marks)
b) Licensed land surveyors are required to complete title survey undertaken
by them and submit the survey plan to the Department of Survey and
Mapping. Discuss the procedure to ensure that the licensed land surveyor
comply with the requirement to complete the title survey.
(10 marks)
ANSWER
a, i) Amendment of Survey Plan
The Director of Survey shall amend the plan approved by him under
paragraph (e) of sub section (1) of section 396 if a) he is satisfied that such plan contains an error or omission,
b) any alienated land becomes included within the boundaries of a new
district, new sub district, new mukim, new town or village as a result
of notification in the Gazette under section 11 or by virtue of such
powers under any previous land law,
c) any alienated land has ceased to be part of any town, village or
mukim
Action after making amendment
Inform RT/LA so that the register and issue document of title can be
amended accordingly
a.ii) Correction of errors on Land Titles
The purpose of having the provision on correction of certain errors as
contained in section 380 of the NLC is to enable the RT/LA to rectify minor
errors.
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The correction made under these provisions will not adversely affect a
person's right or obligation under a title or under an instrument relating to
it. It is to be noted that no correction is to be made under section 380 of
the NLC if it adversely affect a person's right or obligation under a title or
under an instrument relating to it.
Any error other than that which can be corrected under section 380 of the
NLC should be referred to the High Court under section 419 of the NLC for
a decision before it can be rectified.
Types of errors that can be corrected
i)
ii)
iii)
iv)
v)
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(3) Where any licensed land surveyor fails to complete any survey,
without any reasonable cause, the Director of Survey shall complete
or cause to be completed the survey and recover the costs of the
completion of the survey from such surveyor."
Subsequent to the service of notice in Form 29D, and if the person fails
to comply, then section 424 (2) of NLC will apply;
424. Penalty for failure to produce documents
(1) Any person or body who.
(2) Any person who, without reasonable excuse, fails to produce
any document as required by a notice lawfully served on him
under sub-section (2) of section 398A shall be guilty of an
offence, and liable on conviction to a fine not exceeding five
thousand ringgit, or imprisonment for a term not exceeding six
months, or to both."
QUESTION 5
a) What is the different between subdivision and partition of land?
(3 marks)
b) You are appointed to prepare an application to partition four hectares of
agricultural land into five units of equal area. Describe the processes that
need to be followed until final title to each unit can be registered.
(10 marks)
c) List the documents that need to be prepared for the submission of the
application to partition the land to the Land Office.
(7 marks)
ANSWER
a) Subdivision of land is the process of subdividing the land into two or more
units to be held under separate titles by the same proprietor. Partition of land
is a process of subdividing land into two or more parcels by co proprietors (the
number of parcels depend on the number of co proprietors) to be held under
separate titles by each co proprietors.
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by the State Director in the case of land held under Registry title,
and
By the Land Administrator in the case of land held under Land
Office title.
(i)
(ii)
(c)
(a)
(b)
(c)
(d)
(e)
(c)
(d)
(e)
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The LA or the State Director as the case may be shall approve the partition.
In any other case the LA or the State Director as the case may be shall reject
the application.
On approval the LA shall notify each of the co-proprietors and shall specify,
and call upon the co-proprietors as a whole to pay to him within a specified
time(a)
(b)
On rejecting the LA shall notify the co-proprietors and shall cancel the note
endorsed on the register document of title.
Issue of title to individual portions
Section 139 shall effect where the partition of any land has been approved as
they have effect where the sub-division of any land has been approved.
C) List of Document to be submitted
a)
b)
c)
d)
e)
f)
g)
h)
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QUESTION 6
a) Under Land Acquisition Act 1960, State Authority has the power to acquire
any alienated land required for certain purposes. Describe these purposes
that empower the State Authority to acquire land.
(7 marks)
b) It is the duty of the State Authority to issue title in continuation for any land
acquired partially. Describe the procedure to survey the land that is partially
acquired.
(13 marks)
ANSWER
The following provision in the Land Acquisition Acts 1960 provide for the
purposes under which land acquisition can be made.
a) Section 3 Land Acquisition Acts 1960
Acquisition of land
1)
The State Authority may acquire any land which is neededa) for public purpose;
b) by any person or corporation for any purpose which in the opinion
of the State Authority is beneficial to the economic development
of Malaysia or any part thereof or to the public generally or any
class of the public; or
c) for the purpose of mining or for residential, agricultural,
commercial, industrial or recreational purposes or any
combination of such purposes.
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Where only part of the lot is acquired under this Act, the Land
Administrator, in the case of land held under Registry title, Land
Office title or title evidenced by an entry in the Interim Register shall
cause the part retained by the proprietor to be re-surveyed.
Difference in area during the survey
If there is difference in area after the survey the following shall be
followed to decide whether it is acceptable;
An award under this section shall not be invalidated by reason only of
the fact that the area in respect of which the award is made is
greater or smaller than the area of scheduled land:
Provided that the difference between the area in respect of which
the award is made and the area of scheduled land does not
exceed one quarter of a hectare or one percentum of the area of
scheduled land, whichever is the greater:
And provided further that any person interested who is aggrieved
by any increase in the area in respect of which the award is made
may make objection to the award in the manner prescribed by
section 37.
Wherever the area of land in respect of which an award is made
under this sectiond) Exceeds by not more than one quarter of a hectare or one
percentum, whichever is the greater, the area of the scheduled
land, it shall not be necessary for any further declaration in
respect thereof under section 8 to be made and published;
e) Is less than the area of the scheduled land by not more than one
quarter of a hectare or one percentum, whichever is the greater,
it shall not be necessary for any formal withdrawal there from to
be made under section 35.
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3)
Where a lot which has been partially acquired is held under qualified
title, the proper registering authority shalla) correct the boundaries shown on the register document of title;
and
b) if an issue document of title exists and has been delivered to the
Land Administrator pursuant to section 24, correct the
boundaries shown thereon and returned the document to the
person who so delivered it.
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QUESTION 7
a) Discuss the procedure that need to be complied with when State Authority
intends to declare any area in the State as a Designated Area, Group
Settlement Area, Rural Settlement Area and Urban Settlement Area.
(10 marks)
b) Explain the restrictions imposed upon alienated land in a Group Settlement
Area.
(10 marks)
ANSWER
The authority shall comply with the requirement of section 3, 4, 5 and 6 of the
Group Settlement area Act 1960.
a) The State Authority shall make the following declaration in the gazette.
Section 3, designated area
The State Authority may declare any area of land in the State by
notification in the Gazette to be a designated area.
Land in the designated area shall be alienated according Land (GSA) Act
1960 except for mining land.
Rights of any person in lawful occupation of State land in a designated
area immediately prior to the notification shall not be affected.
Section 4, group settlement area
The State Authority may by notification in the Gazette declare any area
of State Land whether or not included in a designated area to be a group
settlement area.
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