Tutorial 1

1. National land code 1965

2. Australian torrens system

3. (a) Mirror principle is the title shows everything of land such as lot number, size of land,
name of proprietor and freehold and leasehold. Other than that, it provides the significant
and important item to the purchaser and purchaser must know it before buying the land.
(b) Curtain principle show the title is private and conventional. Besides that, it is only
provides the information to those parties involved the transaction and they no need to go
behind for any research and investigation. Other than that, curtain principle shows the
registration of land title reflects all details of the purchaser.
(c) Shield principle is given the protection to the registered owner and ownership, subject
to an indefeasible of title. Besides that, shield principle is provides the loss of
compensation if any error in the register document of title.

4. Under section5 of national land code, land is defined as the surface on or above the earth,
and any substances ifs forming on the surface. Other than that, land is refer to the earth
below the surface and surface therein. Land is the vegetation and natural products that
require the labor to their production or on and below the earth. Furthermore, land is the
anything that attached to the surface and permanently fastened attached to the earth. Last,
land is referred to a piece of land covered by the water.

5. Torrens system provides protection under registration, subject to an indefeasibility of title.

Besides that, it protects the interest of the owner and track back any movement of
ownership of land.

6. Immediate indefeasibility is the purchase obtained an indefensibility title upon

registration of form 14a. For examples. In case of adorna properties, adorna be the
immediate purchaser because she had made the registration. Under section 340(1) , title
and interest within time being registered as proprietor is subject to an indefessibility of
title.Deferred indefeasibility of title is the postpone process within time from one
innocently person who obtained registration transfer the title to another innocently person.
For example, in case of tan ying hong v tan sien san , tan ying hong is won at the federal
court according to the section 340(2) where provide a deferred indefeasibility of title. The
person should not be indefeasible in case of fraud, forgery, misrepresentatives, void
instruments and illegally or unlawful process.

7. Under section 42 of NLC, state authority may alienated the land for a term of years not
exceeding 99 years or in perpetuity pursuant to the provision of section 76 of NLC.
Second, state authority may reserve the state land and grant lease the reserve land. Third,
state authority may permit the temporary occupational license in relation to any mining,
state and reserve land. Forth, state authority also permits the extraction and removal of
rock material other than reserved forest. Fifth, state authority would like to permit the use
of air space on or above the state land and reserve land.
Tutorial 2

1. Condition does not require any restriction of interest and it must follow the certain
categories of land used under section 5. Under section 103 of NLC, stated that condition
is no require the restriction in interest or any condition of expressed and implied
condition in any agreement. For example, there are no residential building build on the
agriculture land unless apply for change of the categories of land use. Restriction in
interest is the restriction and limitations imposed by the state authority on the right of the
proprietor to deal with his land such as transfer, charge and lease. For example, the state
authority imposed the right of proprietor where land title should not be transfer within 6
years.

2. Leasehold and freehold. Leasehold is a land for a term of years not exceeding 99 years,
however freehold is a land for an indefinite period.

3. Conditions and restriction in interest

4. Categories of land used under section 52/106.

5. Doraman can apply for change of categories of land from agriculture land to building
land used as conversion under section 124. Besides that, there have some condition for
approving conversion process under section 124(5) where the proprietor of alienated land
need to pay for further premium, any other charge and reservation of new rent and
comply any requirements that imposed by the state authority.
Tutorial 3
1. (i)Temporary occupational license. Temporary occupational license is issued to only one
person. Besides that, state authority may permit the license for mining land, state land
and reserve land under section5. A temporary occupational license cannot be issued a
permanent reserve forest defined in the national forest act 1984. There are some
restriction of temporary occupational license where the license be terminated if the
person death. Second, a TOL is cancelled immediately if breach of condition happened.
Third, a TOL may be cancelled by payment of compensation. Forth, there is no erection
of permanent building or structure. Last, a TOL must be renewed annually and not
exceeding 3 times unless renewals by land administrators where prior written approved
by the state authority.

(ii)Under section 282(1), the proprietor of the land (servient land) granted the land to
dominant land, in capacity, for the beneficial enjoyment his land to pass through. Under
section 282(2) stated that right of easement are either positive or negative. Positive
easement is any right to do something upon the servient land and the proprietor of the
servient land cannot interpret the benefits enjoyment of the dominant land who has
registered. Under section 282(3), the dominant land cannot take anything on the servient
land and exclusive possession on the servient land. For example, the proprietor of
dominant land cannot take any fruits that planted on the servient land and park their car
on the servient land. The characteristic of the easement is it involved 2 parties who is
proprietor on dominant and servient land. Second, the proprietor for the dominant land
and servient land is the different person. Third, the right granted to the dominant must
benefit and accommodate the dominant land for used.

(iii)Amalgamation is the land held under 2 or more contiguous land under separate titles
that held by one proprietor combined into one, held under a single title under section 146
to 150. There are some conditions for amalgamation under section 147. First, there are no
amalgamation held under land office and their combined area is exceeding 4 hectares.
Second, there is no amalgamation process if the lots number is under different title for
land office title and registrar title. Third, there is no amalgamation if 2 piece of land has
different periods be held. Forth, there are no amalgamation if different rates of the
[payment be made and having the restriction of interest, condition and different
categories of land used that need apply for conversion.
 Sub-division Partitions Amalgamation Easement
Definition The land is held The land is under the land held under 2 the proprietor of
under a final title co-proprietor or more contiguous servient land
sub-divided into 2 partitioned and land under separate granted the land to
or more portions divided under titles that held by one dominant land, in
and each portion is separate titles proprietor combined capacity, for the
under same into one, held under a beneficial
proprietor but under single title enjoyment his land
separate titles. to pass through

Reason For dealing and To allow co- To build a building Provides the
land development proprietor having across the boundary beneficial
purposes their own shares, to and make the enjoyment for his
end the relationship boundary disappear land to the
of co-proprietorship proprietor of
and dealing purpose dominant land who
going to pass
through
Condition Does not contrary to Under section First, there are no Under section
any restriction in 141(a), the co- amalgamation held 282(3), the
interest, does not proprietor must all under land office and dominant land
contrive to any consent to the their combined area cannot take
other written law, process. Under is exceeding 4 anything on the
need the approval of section141(b), the hectares. Second, servient land and
planning authority, area of the there is no exclusive
no item for land proprietors must be amalgamation possession on the
revenue is partitioned process if the lots servient land. The
outstanding, the proportionate and number is under characteristic of the
agriculture land equally. Under different title for land easement is it
cannot exceed two section 141(c)& office title and involved 2 parties
ffith of hectares, the 136(1)(d) there are registrar title. Third, who is proprietor
shape of the sub- no restriction in there is no on dominant and
divided lots must interest for the amalgamation if 2 servient land.
consent to the partition process, piece of land has Second, the
opinion of state different periods be proprietor for the
authority for held. Forth, there are dominant land and
intended purpose no amalgamation if servient land is the
for used, provides different rates of the different person.
access available [payment be made Third, the right
such as river, and having the granted to the
railway station and restriction of interest, dominant must
road condition and benefit and
different categories of accommodate the
land used that need dominant land for
apply for conversion. used.

Area
Tutorial 4
1. Ali transfers the land title to Abu. Under section 214 (1) of NLC stated that it shall be
capable for transfer where the whole but not partly for the alienated land, second, the
whole but not partly of the undivided share of the alienated land. Third, any charge of
alienated land, any lease of alienated land and any tenancies exempt from registration of
alienated land. Under section 214(2) of NLC is refer to the limitation of transfer. First,
any prohibition or limitation impose to the written law, any restriction of interest to land
which is subjected, the provision of express and implied condition for any lease, charge
and tenancies exempt from registration. Under section 214(3), prohibition transfer of
lease or charge to more than one person as trustee or representatives.

2.

Tenancy lease Charge (bank) Liens (private

person)
Registration No Yes Yes No
Time <3 years >3 years Longer Faster
Protection Contract act Both protected Both protected Equitable law-
1950 deposited IDT
duplicate lease
NLC- enter a
lien holder
caveat
Process No need More Need to fill up Simple
registration and complicated documents agreement
simple process
Parties Lessor and Lessor and Chargor and Owner and
lessee lesser chargee lesser

3. Liens and tenancies exempt from registration. Lien is the proprietor who deposied issue
document tile duplicate lease to a lender for purpose of securing a loan. At this stage
called as equitable liens and it does not need registration. However, liens also can
protected by national land code if enter a lien holder caveat to fill up the registration form
19D. Other than that, tenancies are exemption for registration because it is under a short
duration.

4. If an owner being registered, he or she can obtain protection to secure the interest under
section 206 (2). Under section 206(2) also stated that there are no instrument of dealing
that operate unless it is registered. Upon registration, a dealing will have legal effect. For
example, leases create a legal interest in the land as enjoy the protection within the term
of legislation under NLC.