DEALINGS
304(1) of NLC
- Transfer
- Lease
 TRANSFER
Persons capable to deal with land?
S.205 of NLC
- Alienated land
- Interest in alienated land
What may be transferred?
S.124(1)(a) of NLC
- The whole part of alienated land
S.124(1)(b) of NLC
- The whole part of undivided shares in land
(co-proprietor)
Restrictions on powers to transfer?
S.214(2) of NLC
- Any limitation imposed by the NLC or any
other written law
- Any restriction in interest to which the
land is subject
- Subject to any conditions imposed in any
lease, charge and tenancies
Form and effect of transfer
S.215(1) of NLC
Form 14A is to be used to trasferland
S.215(2) of NLC
Only when Form 14A has been used in a
proper manner, then only the title of the
transferor shall pass and vest in the
transferee together with the benefit of
registered interest attached to the land
S.215(3) of NLC
The transferee shall hold the land subject to
any registered interest, condition and RIN
and all other matters appearing in the RDT
Indefeasibility of title :
- S.92 of NLC
- S.340 of NLC
1
S.
Form 14A is not effective to vest until a
memorial has been made on the RDT
Frazer v Walker
“indefeasibility” gives the immunity from
attack by adverse claim to the land or
interest in respect of which he is registered,
which a registered proprietor enjoys.
 LEASE AND TENANCIES
Characters of Lease and Tenancies
1. Exclusive possession
- The lessee can enter into posession of the
land and take posession of it
- They can exclude all other person
including the landlord from the land.
- They have control over the premises.
Woo Yew Chee v Yong Yong Hoo
There was a written agreement allowing
the respondent to occupy the premises for
10 years with a monthy rent. Repsondent
was to share with the appellant (landlord),
the kitchen, bathroom and toilet. The
landlord held the key.
Held : The agreement was in the nature of a
lease and not a license.
Addiscome Garden Est v Crabbe
Addiscombe Garden Estates (AGE) entered
an agreement with Crabbe and his fellow
trustees of a tennis club under which the
trustees could enter, use, and enjoy a
clubhouse and tennis courts in return for a
monthly fee. The agreement was stated on
its face to be a license. At the expiry of the
agreement period, the trustees remained in
occupation claiming to hold a secured
tenancy. AGE sought an order for
possession.
Held : The agreement was held to be a
lease. On its true construction, the
document created the relationship of
landlord and tenant, even though it was
described as a license. The arrangement
satisfied the legal requirements of a
tenancy, and the parties could not alter the
substance of an agreement by labelling it a
license. The club amounted to a business
for the purposes of the statute, and they
were entitled to security of tenure.
2. Intention to create a lease/tenancy
Inferred from the written agreement or
conduct of the parties
Errington v Errington
A father made his son and daughter-in-law
a unilateral offer to his son and daughter in
law that they could remain in the house if
they paid off the remaining mortgage
instalments.
They proceeded to do this, however before
the mortgage was paid off, the father died
The father’s wife inherited the house.
Held : No removal, claim failed. Although a
unilateral contract can only be accepted
once its conditions have been performed,
the mother was estopped from revoking
the offer as there was a collateral contract
to keep the offer open until its conditions
had been met
3. Granted for a specified period or the
term is capable of being ascertained
Tan Swee Hoe v Ali Hussein Brothers
The appellants had orally agreed to allow
the respondents to occupy the premises for
as long as they wished upon payment for
tea money. The written tenancy
agreements were later executed by the
parties and the appellant sued for vacant
possession.
Held : The trial judge dismissed the
appellants’ claim and ordered them to
register a lease in favour of the
respondents for a term of 28 years.
 Creation of lease
S.221 of NLC
Can be created by RP over any alienated
land for the period exceeding 3 years.
Form 15A must be used to register a lease.
S.227 of NLC
Upon registration of a lease, all interest in
the land shall vest in the lessee.
2
Effects of unregistered lease
- S.206(3) of NLC
Unregistered lease is void as lease, it is still
good and valid as an agreement under
contract for a lease.
Margaret Chua v Ho Swee Kiew
Although the agreement for a lease for 25
years was void for lack of registration, it
was valid as an agreement for a lease
enforceable in equity.
Siew Soon Wah & Ors. v Yong Tong Hong
An unregistered written agreement for a
lease stated to be “as long as the tenant
wishes to occupy” is valid as an equitable
lease for 30 years.
 Creation of tenancy
S.213(1)(a) & S.223(1) of NLC
Tenancy exempt from registration (TER) is
granting for a tenancy or sub-tenancy for a
period not exceeding 3 years.
S.213(2)(a) & S.223(2) of NLC
Shall be created orally or written
S.213(2)(b) & S.206(2)(a) of NLC
If written not required to comply with the
requirement under S.2017-212 as to form
S.223(1)(a) of NLC
TER can be created by a registered
proprietor of any alienated land
S.213(3) & S.316 of NLC
TER is effective to bind any person or body
claiming the rights under the tenancy onlu
upon endorsement of the claim on the RDT
of the title affected
S.316 & S.317 of NLC
Application for endorsement of the claim
for tenancy to be made to the Registrar by
the tenant
Registrar shall note the words “EXEMPT
TENANCY CLAIMED” on the RDT and shall
signed and sealed
Effect of absence of endorsement
The purchaser of the land or registered
interest can evict the tenant from the land
before expiry of the tenancy period.

Than Kok Leong v Low Kim Hai

Notice of the existence of the tenant before
the transfer is not important in absence of
such endorsement pursuant to the
requirements under S.213(3) of NLC.

Hotel Ambassador Sdn Bhd v Seapower

Tenancy would not bind R until tenancy has
become protected by endorsement prior to
the date of registration of the certificate of
sale.