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Unit 4 ( CONVERSION, SUB-DIVISION, PARTITION AND AMALGAMATION OF LAND )

Unit 4 ( CONVERSION, SUB-DIVISION, PARTITION AND AMALGAMATION OF LAND )

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C3347/UNIT 4/1

UNIT 4

CONVERSION, SUB-DIVISION, PARTITION AND AMALGAMATION OF LAND

OBJECTIVES

General Objective To understand the different concepts of land development and its conditions. Specific Objectives. After studying this unit, you should be able to:  state the meaning of conversion, sub-division, partition and amalgamation of land.  state the matters and conditions that are determined by the State Authority on the approval of each kind of land development above.  state the meaning of sub-division of building (Strata Title) and identify its concept.  define the Alienation of Underground Land and identify its concept.

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INPUT

In land development nowadays, the issue of land conversion, sub-division, partition and amalgamation of land is a must. This process is necessary because there are about 99% of the total land development projects involve private ownership. Very seldom the State Government awards land to developer to be developed except to government agencies or to private companies through privatization. This process is necessary due to the by the laws and the policy of the State Authorities which determine the land category by imposing various restrictions such as Express Conditions, Implied Conditions etc. This is done when the land is released under section 76 of the NLC. 4.1 LAND CONVERSION Land conversion refers to section 124 NLC which allows the landlord to apply to the State Authorities to: change the land category cancel express conditions and restrictions in interest • change the use of the land or to impose new condition(s) to the use of new land • amend express conditions or restrictions in interest and to impose new express conditions and restrictions in interest 4.1.1 Land Conversion Application

• •

a) b) c) land. d)

The application has to be submitted to the District Land Administrator concerned by the landlord and attach the following details: Application fees as stated in the Land Rules. Plan of the land. The written agreement between all the parties with interest on the The duplication of the current quit rent’s receipt.

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The application will be forwarded to the relevant departments for assessment. Normally, these departments will be asked to give their comments: a) Local Authorities b) Director of Town and Country Planning Department c) Public Work Department d) Health Department e) Environment Department and f) Other department if deemed fit. 4.1.2 Approval Conditions

Application that has fulfilled the following conditions will be considered to be given the approval: a) The use of the land is in line with the structure or local plan b) Do not cause any environmental pollution c) Adhere to the policies set by the government d) Supported from the other relevant departments. If the application is approved, then the following conditions will be imposed: a) Extra premium payment b) Other payment(s) determined by the State Authorities c) Payment of new tax rate according to the use of land d) Adherance to every condition imposed by the State Authorities e) Adherance to conditions imposed by other relevant department. 4.2 SUB-DIVISION OF LAND This is a process where a land is associated with the permanent ownership (Final Title) whether it is the Registrar or the Land Office is divided into two or more portions. Each and every portion would be registered using whether the same name of the owner or other joint-owner(s) name(s) where portion would be under different ownership respectively. 4.2.1 1) a) b) the land. c) Section 136(1)(c). d) Written agreement from parties with interest on the land. The approval from the Planning Authorities to the needs stated in Sub-Division Of Land Application The application should be submitted to the Land Administrator using the Form 9A and attach the following documents: The exact payment according to the Land Rules. Pre-calculation plan regarding the proposal of the sub-division of

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The application will be forwarded to the following departments to have their comments: a) Local Authorities b) Director of Town and Country Planning Department c) Public Work Department d) Other departments which are deemed fit by the Land Administrator. 4.2.2 Condition For Approval of Sub-Division

2)

The application can only be approved if it has fulfilled the following conditions: a) b) c) d) e) f) g) h) 4.2.3 The sub-division does not contradict with the restriction(s) in interest Not contradictory to any written laws Obtained the approval from the Planning Authorities Quit rent has been paid Agreement from every single individual/ organization who has interest on the land The minimum area of each portion that has been proposed is followed The shape of each portion is appropriate to the purpose of its subdivision Exits for the sub-divided land are sufficient The Authorities That Give The Approval

For a land which is associated with the ownership of the Registrar - the Director of Land and Mines a) For a land which associated with the ownership of Land Office the Land Administrator. b) For a land which is associated with the temporary ownership, if the land is sub-divided into 2 portions - the Director of Land and Mines will be authorised to approve the application through “SBKS” or “SBBS”. 4.3 PARTITION OF LAND Partition of land is a process where a land which is associated with the permanent ownership whether the Registrar or the Land Office in which it is registered using more than two names as joint-landlords. The partition also allocates that each landlord who share the land must possess the area

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of the land approximately the same as the previous area owned by them before the partition of the land. 4.3.1 Application For Land Partition

a) b) c) d) e)

Application should be forwarded to the Land Administrator by using the Form 9B and attach the following documents: Payments made according to the State Land Rules. A plan showing the proposed land partition. The approval from the Planning Authorities by following the requirements as stated in Sec.136(1)(c). The written consent from party(ies) which has interest on the land. The written approval(s) from the joint-landlord(s) who are not doing the application concurrently.
According to Section 141A, the joint-landlord who hold the majority share of the land can apply without having the approval from the other joint-landlords.

The application will be referred to the following departments to have their comments: a) Local Authorities b) Director of Town and Country Planning Department c) Public Work Department d) Other departments which are deemed fit by the Land Administrator. 4.3.2 Condition For Approval Of Partition

The application can only be approved if it has fulfilled the following conditions: a. The joint-landlords have made the application or have agreed to the application . b. The area of each joint-landlord possess has to be approximately the same as the original area owned by them before the land partition. c. Other conditions as stated in Section 136(1) is applicable except for the application to do sub-division for agricultural purposes.
Actually, the conditions for approval within sub-division and partition are quite same.

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4.3.3

The Authorities That Give The Approval

For a land which is associated with the ownership of Registrar - the Director of Land & Mines a) For a land which associated with the ownership of Land Office the Land Administrator

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Activity 4a

TEST YOUR UNDERSTANDING BEFORE YOU CONTINUE WITH THE NEXT INPUT…! Decide whether the following statements are true (T) or false (F) 4.1 Land conversion refers to sec. 124 of the NLC. ( )

4.2 If the application of land conversion is approved, extra premium payment will be imposed. ( ) 4.3 Sub-division of land means that any land held under a FT is subdivided into two or more portion, each to be held by the same proprietor or by the same co-proprietors under separate titles. ( ) Application of sub-division should be in Form 9B. ( )

4.4 4.5

The approval of partition shall be given by the DLM in the case of land held under Registry title and by LA in the case of land held under a Land Office title. ( ) Application of sub-division should be in Form 9C. ( )

4.5

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Feedback To Activity 4a

4.1 ( T 4.2 ( T 4.3 ( T 4.4 ( F 4.5 ( T 4.6 ( F

) ) ) ) ) )
You seem to be doing well so far…keep up the good work!! Now, let’s continue with the next input…

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INPUT

4.4

AMALGAMATION What is Amalgamation of Lands? Amalgamation of lands means that two or more lots of land registered under a single name of the landlord/ proprietor where the numerous different ownerships are amalgamated into a single lot and owned by a single landlord. Lands can be amalgamated if: a) b) c) d) e) 4.4.1 The land is associated with freehold ownership. Owned by the same landlord. Located in the same district, town or city. The land is associated with the same kind of ownership. The land lots have to be continuous (ie. if each lot shares at least one border ) Application In Amalgamation Of Land

The application can be forwarded to the Land Administrator by using the Form 9C and attach the following document:a) b) c) d) The exact payment according to the land rules. A plan showing the lots of land which will be amalgamated. The approval from the Planning Authorities to the needs stated in Section 136(1)(c). Written agreement from parties with interest on the land.

The application will be referred to the following departments to have their comments: a) Local Authorities

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b) c) d) 4.4.2 a) b)

Director of Town and Country Planning Department Public Work Department Other departments which are deemed fit by the Land Administrator. Conditions For Approval Of Amalgamation

Fulfill conditions stated in Sec.136(1)(a) to 9. If any of the following circumstances arise during the application, then the approval from the State Authorities has to be obtained before the decision is made: i. For a land which associated with the ownership of Land Office and the total area of the amalgamated lots exceeds 4 hectares. ii. Where partials of the lots are associated with the ownership of Land Office and Registrar Office respectively. iii. there is difference in status the lots that are going to be amalgamated in the followings: • Holding period of the land. • The rate of tax being imposed. • Categories of the land, the use of land, express conditions and restrictions of interest. 4.4.3 The Authorities That Give The Approval

For a land which is associated with the ownership of Registrar - the Director of Land and Mines. a) For a land which associated with the ownership of Land Office the Land Administrator. 4.5 SUB-DIVISION OF BUILDING (STRATA TITLE) Strata Title is an issuance of separate title to every owner of a unit in a building. Buildings that may be sub-divided must have two stories or more and must be constructed on alienated land that is held in a single lot as a final title, either in a form of Land Office or Registry title. According to the Strata Title Act 1985, a strata title holder enjoys the same rights as a land title holder and the proprietorship is guaranteed by the State Authority. 4.5.1 Purpose Of Strata Title i) To enable multi-storey buildings to be sub-divided into separate units and for each unit to be issued a separate title to be held by separate owners.

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ii) With a separate title, a unit holder may carry out dealings as in land dealings with the unit that he held. iii) Proprietorship of a strata title is equivalent to land title. 4.5.2 The Concept Of Strata Title Basically strata title is the issuance of a separate title to each unit/ parcel in a building which has at least two storeys. The proprietorship of the land on which the building is constructed will be registered under the “management corporation” which automatically established with the registration of strata title. Initially the strata title will be registered on the last person or body registered as the proprietor of the land. When all the units are transferred to another person or body, these persons or bodies will become the members of the management corporation that is established. 4.5.3 Authority To Approve Strata Title As provided by section 9 of the Strata Title Act 1985, the Director of Land and Mines is the authority empowered to approve strata title. Others that are involved in the process of the strata title application are: i) the proprietor on which the building is constructed, ii) Licensed Land Surveyor and Registered Architect, iii) Land Administrator, iv) the State Director Of Survey and Mapping. 4.6 ALIENATION OF UNDERGROUND LAND

Part Five (A) of the NLC introduced through the NLC (Amendment) Act. 1990 (Act. A 752), in force from 23 February 1990, provides for the disposal of underground land.

“Underground land ”
means land which lies below the surface of the earth. -Sec. 92A NLC

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4.6.1

The Concept Of Underground Land

Before the amendment, the owner of a land has the right to use a reasonable amount of his underground land as has been set out in section 44 (1) (a) NLC, ie.: “the exclusive use and enjoyment of…so much of the land below the surface, as is reasonably necessary to the lawful use and enjoyment of the land.” With the enforcement of the amendment, land that was previously alienated as “two dimensional” which is referred to in terms of its area can now be alienated as “three dimensional” and referred to in terms of its volume. 4.6.2 Disposal Of Underground Land

Disposal of Underground Land can take the following forms: a. alienation of:• underground State land below State land - Sec.92(c), • underground land which is a State land below alienated land with depth specified, • underground land below alienated land without depth specified. b. the granting of the right to use (for a different and unrelated purpose) the whole of part of the underground land below alienated land without depth specified. c. Lease of:  underground land below reserved land,  underground land below the underground land over which a lease has been granted,  underground land below the reserved land over which a lease with depth specified has been granted. d. The granting of the right to use (for a different and un related purpose) the whole of part of the underground land below the leased reserved land without depth specified.

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Activity 4b

TEST YOUR UNDERSTANDING BEFORE YOU CONTINUE WITH THE NEXT INPUT…! Fill in the blanks with the correct answer 1. Amalgamations of land means that two or more_____________lots of alienated land held under separate under FTs by the same person or body are combined into one and held by him or that body under one single title. 2. Application for amalgamation should be in Form ________. 3. The NLC (Amendment) Act1990 (ActA752) which provides for the disposal of underground land was started to in force on ______________. 4. Underground land means land which lies below_____________________. 5. The proprietorship of the land on which the building is constructed will be registered under the “________________________” which automatically established with the registration of strata title.

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Feedback To Activity 4b

1. contiguous 2. 9 C 3. 23 February 1990 4. the surface of the earth 5. management cooperation

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KEY FACTS 1. The land use category, expressed conditions and restrictions in interest of a land may be converted with the application by the proprietor. 2. Land may be sub-divided, partitioned or amalgamated provided that the terms and conditions for such developments are satisfied. 3. The concept of strata title is similar to sub-division of land where each unit of a building is issued a separate title and the strata title holder enjoys the same rights as a land title holder. 4. With the enforcement of new clauses on the disposal of underground land, the concept of three dimensional land ownership is introduced.

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SELF-ASSESSMENT 4

You are approaching success. Try all the questions in this self-assessment section and check your answers with those given in the Feedback on SelfAssessment given on the next page. If you face any problems, discuss it with your lecturer. Good luck.

1. 2.

State the meaning of sub-division of land and its condition for approval. State the meaning of sub-division of building (Strata Title) and identify its purpose.

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Feedback To Self-Assessment 4

Have you tried the questions????? If “YES”, check your answers now. 1. Sub-division of land means that any land held under a FT is subdivided into two or more portions, each to be held by the same proprietor or by the same co-proprietors under separate titles. The application for sub-division of land can only be approved if it has fulfilled the following conditions: i. interest ii. iii. iv. v. interest on the land vi. followed vii. division viii. Exits for the sub-divided land are sufficient The shape of each portion is appropriate to the purpose of its subThe minimum area of each portion that has been proposed is Not contradictory to any written laws Obtained the approval from the Planning Authorities Quit rent has been paid Agreement from every single individual/ organization who has The sub-division does not contradict with the restriction(s) in

2.

Strata Title is an issuance of separate title to every owner of a unit / parcel in a building. Buildings that may be sub-divided must have two stories or more and must be constructed on alienated land that is held in a single lot as a final title, either in a form of Land Office or Registry title. Purpose Of Strata Title i) ii) iii) To enable multi-storey buildings to be sub-divided into separate units and for each unit to be issued a separate title to be held by separate owners. With a separate title, a unit holder may carry out dealings as in land dealings with the unit that he held. Proprietorship of a strata title is equivalent to land title.

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