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Basic Concept under law of land, Torrens system in Malaysia,…
Basic Concept under law of land
ownership
signifies a title to a subject matter, movable or immovable
In respect of land, ownership denotes the right to the exclusive but not absolute enjoyment thereof
possession
denotes something lesser than ownership, example : a lessee of a lease of the land may enjoy possession but not to the ownership
Title to land
as evidence by a document such as the issue Document of Title (IDT) or Registry Document of Title (RDT)
Interest to land
Something less than proprietorship or ownership in land, example. a person taking a lease or a charge upon the land assume interest on the land but the little still remains with the lessor/ owner or chargor.
The owner of the land still sell or dispose the land although still leased or charged out
Torrens system in Malaysia
Originated Australia however modified according to local needs. Differ from the system in England whereby interest in land is only recognise through registration by the authority.
Torrens System- registration is everything
Indefeasibility of titles
Twin principles
mirror – the register book mirrors the particulars in the owner’s title;
curtain – as the register book is everything, no need to look beyond it for information of the title
CLASSIFICATION OF LAND USE
S.51 NLC, land classified as:
Land above the shore-line
comprised of :
Town land
Village land
Country land
Foreshore and seabed
CATEGORIES OF LAND USE
Alienated land may be use for :
Agriculture
Building
Industry
Upon alienation, the State Authority will underlines the usage/purpose of the alienated land in the terms of alienation