AreejTorla areej@iium.edu.my

Dealings definition in section 5 Any transaction with respect to alienated land Effected under the powers conferred under Division IV Does not include any caveat or prohibitory order.

Division IV: 1. Transfer 2. Lease and tenancy 3. Charge and lien 4. Easement

Section 206(1) Every dealing shall be effected by the relevant instrument prescribed for that purpose. Must be properly registered.

Section 214 The whole, but not part only, of any alienated land; The whole, but not part only, of any undivided share in any alienated land; Any lease; any charge; anyTER

A made a gift inter vivos of an undivided share in his land to his wife by executing a memorandum of transfer whereby he transferred the whole of his interest in the land to himself and his wife in undivided equal shares. Court:This device is not an infringement of section 214(1)(a)

Form 14A (for transfer of land, undivided share and lease) S 215(1), S 217(1), S 218(1) Form 14B (for transfer of charge) S 218(2) TER may be transferred by word of mouth or by a written instrument in any form. (no registration needed). S 220(1)

Section 215 Title is passed to the transferee upon registration Confers indefeasibe title or interest It is subject to existing encumbrances and conditions or restrictions in interests, if any.

InTER, a tenants right shall be protected and bind the new owner only if the tenancy is protected by endorsement. Than Kok Leong v low Kim Hai [1983] 1 MLJ 187 Court: ATER does not bind a subsequent purchaser unless prior to the sale and transfer, an endorsement of the tenancy had been made under S 213(3).

Only the registered proprietor Md KamisYaakob v Ismail Abdullah [1995] 2 CLJ 238 Nemo dat quod non habet (no one gives what he does not have)

Transfer of agricultural land the land shall not become less than 2/5 hectare (1/2 acre) S205(3) Transfer of estate land next slide please!

Section 214A no estate land is capable of being transferredunless approval of such transferhas first been obtained from the Estate Land Board

Consent of Estate Land Board is needed in order to transfer estate land. Case: Kumpulan Sua Betong Effect of contravention: guilty of an offence Section 214A (10A)(a)

Section 5: Definition S 214A (11) and (12). 1. Agricultural land held under one or more than title, and 2. Area not less than 40 hectares, and 3. The lands are contiguous What is Estate Land Board? Section 214A(3)

The object of section 214A is to prevent and prohibit the fragmentation of estate land within the meaning of subsection (11) of section 214A at the material time. Case: Erico Estates Sdn Bhd [1980] 1 LNS 19

Issue:Whether the land is an estate land. Plaintiff failed to establish that the land is agricultural land. Court: the land was not an estate land.

A conveyance by which the proprietor of land (lessor) grants to another person (lessee) an interest in the land less than a freehold and less than that to which the lessor himself is entitled. LESSOR LESSEE LEASE

Section 5 NLC: Lease: registered lease or sublease of an alienated land Therefore, excludes a lease agreement an equitable lease and aTER.

1. Lessee enjoys a right of exclusive possession 2. Duration is specific and certain 3. Lessor has an intention to create a lease and not a license Intention can be determined by written agreement or by conduct Note: distinguish between a lease and a mere license.

What can be leased? The whole of alienated land Part of alienated land Who can create a lease? The lessor, lessee or sub lessee

Section 221 Must exceed three years Maximum term: 99 years (for whole of land) 30 years (for part of land) If does not exceed 3 years Tenancy Exempt from Registration (TER)

LEASE Section 221, 222 Duration: exceeding 3 years Proprietor, lessee, sub lessee can create lease. Registration by Form 15A (lease) or Form 15B (sublease), and attach a plan and description (if lease of part of land) TENANCY Section 223 Duration: not exceeding 3 years Proprietor, lessee, sub- lessee, tenant can createTER Created by word of mouth or written instrument in whatever form. Exempted from registration but may make endorsement to protect theTER Section 213(3).

Margaret Chua [1961] MLJ 173 Although the agreement for a lease for 25 years was void for lack of registration, but it was valid as an agreement for a lease enforceable in equity.

Effect of a tenancy for as long as the tenant likes? Before NLC: Karuppan Chetty v SuanThiam [1916] 1 FMSLR 300 considered as a void agreement After NLC: Siew SoonWah vYongTong Hong [1971] The agreement is good as a lease agreement. Section 206(3)