8Su Bao Xuan 19WVR12408

Tutorial 4
1. In accordance to the National Land Code 1965, explain the following terms:

a) Conversion - only registered proprietor shall be eligible to apply to State Authority to

alter any status of the land (only owner can do conversion)
 Conversion takes place when a land owner applies to the State Authority to alter his
present category of land use.
 E.g.: Category of Land Use – Agriculture convert to Building Express condition –
Rubber convert to Industry
 E.g. If the land is agriculture, but the owner intends to construct building not for
agriculture, he needs to apply to alter/convert the land category for agriculture to
building

b) Sub-division (one owner name own the land)- a process whereby land held under final
title (must in final title, final measurement, cannot qualified title, to prevent any error of
measurement of land size) is sub-divided into two or more portions and each portion to
be held by the same proprietor but under separate titles
 A proprietor may only apply for sub-division if the land is held under a final title and
not qualified title
 E.g. application for the subdivision of a single lot of 5 acres for a proposed
development comprising 40 units terrace houses, each with its separate title

c) Partitioning (two or more owner name own the land)- any alienated land held by 2 or
more persons as co-proprietors may be partitioned so as to vest in each of them, under a
separate title, a portion of the land proportionate to his undivided share of the whole land
(has an element to share, e.g. I and my sister have a land 2 acre then share half, if didn’t
partition, I want to do develop a house but my sister disagree then cannot develop, must
both agree)
 Each co-proprietor has a separate title to that portion

d) Amalgamation (must together/join in an area)- a process whereby two or more

contiguous lots of alienated land held under separate titles held by one proprietor are
combine into one and to be held by him under single title
 This involves the combination of 2 or more contiguous/adjoining lots of alienated
land
 The lands are held under separate titles
 When combined, the land will be held under single title
 e) Surrender and Re-Alienation - Surrender & re-alienation is a method employed by
some state governments to expedite the multiple processes of conversion, amalgamation
and sub-division.
 This is achieved by the same owner of contiguous lots first surrendering the lots to
the state, which immediately re-alienate in the land according to the approved layout
can be used for purposes of lease extension
 Section 203 – 204: Surrender & re-alienation - The time and effort normally
associated with these processes are greatly reduced
 Section 197: Surrender & re-alienation - Can be used for purposes of lease extension

2. Ben owns a 4 acres land. He has 2 children and he would like to give the land to each
son. Advise Ben how he can do that.
Ben can alienate the land to each son by partition method.
 He can transfer the land to his two sons directly.
 Sub-divide the land into two portions and then, transfer to them according. No dispute in
the future. Each would have separate title.
 Subdivision – an application to the Land Office to sub-divide the land more parcels.
 Effect: the annual rent for the land will be revised. Premium is to be paid separately.

3. Adam and his 4 older brothers own 5 acres of land. His oldest brother wants to build a
house at his portion of 1 acre. Advise Adam how is he able to do this.
Partition land can apply.

4. ABC developer owns 5 pieces of land, each title with 2 acres. They would like to
commence development on the land simultaneously. Advise ABC developer on how they
can do this.
ABC developer needs to do amalgamation of these land before commence a development.

5. Based on your understanding, interpret the term:

a) Dealings - any transaction with respect to alienated land effected under the powers
conferred under Division IV of NLC and includes any similar transaction effected under
any previous land law
 In general, dealings refer to: Transfers, Leases, Charges, Easements, Tenancies, Liens
 Dealings does not include any caveat (too restrict) or prohibitory order, which are
actually ‘restraints on dealings’
 Transfers, Leases, Charges, Easements are capable of being affected under NLC using
specific instruments for purpose of registration
 Tenancies & Liens does not require registration
b) Transfers - the following are capable of being transferred under the NLC:
 The whole, but not part of any alienated land
 The whole, but not part of any undivided share in any alienated land
(need to do partition/subdivision)
 Any lease of alienated land
 Any charge of alienated land or lease
 Any tenancy exempts from registration
 Form 14A is used for property with individual title Memorandum of
Transfer (MOT) and Deed of Assignment (DOA) is used for property
without individual title
 Transfer without any monetary consideration: gift and on terms of love
and affection
 Transfer of land by operation of law: by death, bankruptcy and order of
sale/ foreclosure (lelong by bank)

c) Leases - lease simply means a registered lease or sublease of an alienated land