Prepared by:
Puan Hamsiah Omar
Introduction
Transfers;
Leases
Charges and easements
Tenancies; and
Liens.
Transfer
Limitation in Transfer
a.
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Estate land cannot be transferred or disposed
of to 2 or more persons unless consent/
approval is obtained from the Estate Land
Board.
b.
c.
d.
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e. sec. 304(1) registration of any instrument
shall be effected by the Registrar.
f. sec. 304(2) the Registrar shall register the
transfer by making a memorial on the RDT,
signs and seals on the instrument.
Case: Jasbir Kaur
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g. sec. 215(3) upon registration, the transferee (Siti)
shall take over.
Lease, charge or other registered interest existing at
the time of registration of transfer, if any;
Tenancy exempt from registration, if any and
endorsed;
Whatever matters appear in the register document of
title.
LEASE
A person who lease the land is called a lessor
while the person who accepts the lease is
called the lessee.
Lease is one of the dealings which is capable
of being registered.
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By virtue of sec. 5 - lease simply means a
registered lease or sublease of an alienated
land
Thus, lease must be registered to be effective.
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Power to lease
Sec. 221(1) proprietor of any alienated land
can grant a lease
Wholly; or
partly
Term of lease
Sec. 221(2) every lease must be for a term
exceeding 3 years.
Maximum term to grant lease sec 221(3)
a. lease of the whole piece of land 99 years.
b. Lease of part the land 30 years.
b.
c.
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Sec 213(1)
Types of Tenancy
a.
b.
c.
d.
e.
Periodic Tenancy
Tenancy will
Tenancy at sufferance
Tenancy by estoppel
Tenancy coupled with Equity
Endorsement
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