IreneChung

Q.
What is “Dealing” in the National Land Code? What does it encompass of?

A.
The term “dealing” is defined in section 5 NLC to mean any transaction with respect to alienated land effected under the pow […]

Q.
List out some weaknesses in the registration of land dealing system in Malaysia, and offer your opinion on how to improve them.

A.
This topic has been researched by Ainul Jaria Bt Maidin and Hunud Abia […]

Q.
What do you understand by “… as long as the variation is not a matter of substance as provided in Section 207 of the National Land Code, 1965”.

A.
This is pertaining to the submission of the instrument […]

Q.
What are the prerequisite or requirements to create a Torrens Charge?

A.
There are two (2) important requirements that must be fulfilled in order to create a legal charge:

using a Prescribed […]

Q.Describe the restrictions of creation of a charge under NLC.A.Section 241(1) of the NLC provides for powers of charging and also speaks of what type of property should be charged.The power to create a charge is […]

Q.
Briefly explain what is a Torrens Charge and how land can be used as a charge under NLC?

A.
National Land Code 1965, under Section 241(1), 243 and 281(1) provides the procedures of creating a Torrens […]

Q.
What are security dealings and what are the types of security dealings in land matters?

A.
Security dealings are transactions in respect of alienated land where the registered proprietor of an alienated […]

Q.
If a tenancy cannot be registered, how can a tenant protect his interest on land? For example, if a tenant is asked to move out by the new landlord, what is his chance of winning an appeal?

A.
A tenancy […]

Q.What are the characteristics of Lease and what are the differences from Licence?A.A lease has 3 essential characteristics.the lessee is given the right to exclusive possession of the land so as to exclude all […]

Q.
What are the characteristics of Lease and what are the differences from Licence?

A.
A lease has 3 essential characteristics.

the lessee is given the right to exclusive possession of the land so as to […]

Q.
What are the restrictions in creating a lease?

A.
There are several restrictions on the power to create a lease.

General restrictions are:

prohibition or limitation imposed by the National Land […]

Q.
What are the procedures of registering a lease?

A.
The proprietor and lessee are to execute Form 15A in respect of creating a lease while Form 15B is used for creating a sub-lease.

Both parties are to […]

Q.
What is lease and what is tenancy?

A.

A lease is a type of dealing recognised under the National Land Code, 1965 whereby the registered proprietor allows a lessee to occupy the land for a specified […]

Q.
What are the procedures of application for easement?

A.
Section 286 of NLC, 1965 provides that the grant of easement shall be affected by an instrument in Form 17A or in the case of the cross-easements of […]

Q.
Why creation of easement is important?

A.
Under the National Land Code 1965, in Section 286, an easement can only be created by express grant. It must be registered and executed using specific instruments […]

Q.
Name 4 essential elements for the creation of an easement.

A.
The 4 essential elements are:

There must be a dominant and servient land. The owner of the dominant land obtains an enhancement or […]

Q.
What is/are the provision(s) under National Land Code for easement?

A.
Section 205 of NLC has classified easement as part of the dealings thus it has to be governed according to the provisions of the […]

Q.
What is Easement?

A.
An easement is a right or privilege given to a registered proprietor of a piece of land (dominant tenement) to utilise another piece of land (servient tenement).

There are two types of […]

Q.Who are valuers and what are their purposes?A.The first and foremost role played by a valuer is providing services and advice on property value, in the form of how much worth is such property or land in monetary […]

Q.What is ‘Interpretation of Law’? Provide cases which illustrate the different interpretation of law.A.There is a good article by a Chinese Lawyer entitled “Interpretation of Law”.