CIVE 4603

Land Law & Regulations

Introduction to Land Administration in Malaysia
HISTORY
HISTORY OF
OF REGISTRATION
REGISTRATION

Deeds systems Land (Title) registration

• Associated with Roman 1. German style found in
Dutch law Central Europe:
• Latin cultures in Europe Germany, Austria
(France, Spain, Italy, Switzerland and Nordic.
Benelux) + South America, 2. UK version 1925 (with
parts Asia and Africa general boundaries and
• “Old law” England and ordnance -not cadastral-
colonies, esp US survey)
3. Torrens version
Definition of land parcel
• Australia
• units surveyed in the field with the corresponding land ownership titles
recorded in the Land Registry.
• 1-1 relationship.
• each land parcel is related to one land ownership entry in the land registry.
• Australia relates land recording and parcel management into land
registration – by various administrative approaches.
Land Parcel
• A "land parcel" is part of a property and may only be sold or
mortgaged separately when it is divided from the property through a
subdivision process. - Denmark
• Some registration schemes work without cadastres – UK
• Some jurisdictions administer cadastres and registration systems
separately – Germany
Land Parcel
• Switzerland
• Based on folio principle
• each "land parcel“ on the ground is related to exactly one ownership title
registered in the land registry.
• Land parcel have unique parcel identified number.
Malaysia
• In the 1960s, Malaysia introduced the concept of "Qualified Titles".
• recognized by the National Land Code and have all the properties of a
Final Title.
• This concept was introduced for administrative expediency in the face
of the slow pace of registration of Final Titles in the 1960s because a
lack of qualified land surveyors (MalaysiaGIS, 2003).
• It however has the effect that in many areas, there are many more
land ownership units than there are surveyed land parcels.
Before 1.1.1966
• Penang and Malacca have a unique land system ( Straits Settlement).
• Another 9 states applied Torrens System.
Torrens system
• Torrens title is a system of land title where a register of land holdings
maintained by the state guarantees indefeasible title to those
included in the register. The system was formulated to combat the
problems of uncertainty, complexity and cost associated with old
system title, which depends on proof of an unbroken chain of title
back to a good root of title
Background of Torrens
• The Torrens title system was introduced in South Australia in 1858,
formulated by then colonial Premier of South Australia Sir
Robert Torrens.
• central registry of all the land .
• All transfers of land are recorded in the register
• owner of the land is established by virtue of their name being
recorded in the government's register
• The Torrens title also records easements and the creation and
discharge of mortgages.
Overview of Torrens
• The Torrens title system was designed to obviate the need for a chain
of title and the necessity of tracing the vendor's title through a series
of documents. Each parcel of land is identified by reference to a
numbered deposited plan. Each lot of land is the subject of a separate
folio in the register. The folio records the dimensions of the land and
its boundaries, the names of the registered proprietors, and any legal
interests that affect title to the land. There are other parcels of land
which simply await conversion.
THEORY OF TORRENS SYSTEMS
Title is indefeasible, but subject to “paramount”
interests.
When interest is registered it remains.
Therefore if a forgery is registered by an innocent
buyer, the deregistered owner loses land.
Race to register, in case of dispute.
After 1.1.1966
• Referred to National Land Code (KTN).
• KTN was created according to Federal Malay State (FMS) Land Code
1926 which applied in NS, Pahang, Selangor & Perak.
• After 1966, all the states in Malaysia applied Torrens System.
Indefeasible of title
• The registered interest holder will be free from all encumbrances
• THOSE listed on the title
• The Measurement( Qualified title to final title).
The Cadastre provides -

• information identifying people who have interests in parcels

• information about interests (e.g. nature and duration of rights,
restrictions, and responsibilities)
• information about parcels (e.g. their location, size,
improvements, value).
Egyptian surveyors at work
Plan made about 1600 – 1400 bc
The cadastral parcel and ownership rights
• Modern cadastres are built according to scientific standards using
rigorous surveying methods.
• Measurements and points are capable of being re-established by
similar or better rigorous processes.
• Cadastres allow people to interpret land information. They form the
basis of land management.
Extract from Swedish cadastral map
Digital Cadastral Map : Switzerland
The authorities
• Department of Survey and Mapping (DSMM)
• Measurement (section 396)
• Land Office
• Registry of Land
• Qualified Surveyor
• Certified by Director (PU)