FACULTY OF SYARIAH AND LAW

SEMESTER 7 (2015/2016)

LAC 4173

LAND LAW

TLB 10

TASK 1

NAME OF STUDENT:

SITI NUR JANNAH BT HASANUDDIN

1122051

NAME OF LECTERUR:

DR. RESALI BIN MUDA

Question:

What is the meaning and effect of alienated land?

Answer:

Generally, alienation means the act of whereby one person or bodies transfer the possession

of lands, tenements or other things to another.

According to Section 5 of National Land Code 1965, alienate means to dispose of State land

in perpetuity or for a term of years, in consideration of the payment of rent, and otherwise in

accordance with the provision of Section 76.

Section 76 provides that alienation is one of the modes to dispose state land by State

Authority and several matters for alienation such as for a term not exceeding 99 years,

payment of rent and others.

The power of State Authority to dispose the State land by granting ownership rights to any

persons or bodies is termed as ‘alienation’ and stipulated under Section 42 of National Land

Code 1965.

The period to alienate a land must not exceed 99 years. However, there are three exceptions

which the State Authority may alienate the land in perpetuity which is further spelt out under

Section 76(aa).Firstly, where it is made to the Federal Government. Secondly, the land is to

be used for public purpose such as school. Thirdly, special circumstances stated by State

Authority which it render appropriate to do so. Whereas an area that forms part of the

foreshore or sea-bed are excluded from alienation in perpetuity.

In order to apply for land under alienation, it must be in the form prescribed in the State rules.

For instance, application for alienated land in Kuala Lumpur, the form is prescribed in

Schedule 1 of the Federal Territory of Kuala Lumpur Land Rules 1995 such as information of

the applicant, particulars of the land and other. When the alienation is approved by the State

Authority, the applicant is subjected for payment of land revenue, survey for issuance of title,

preparation of title and lastly registration process.

This importance of alienated land registration is illustrated in the case of Dr Ti Teow Siew &

Ors V Pendaftar Geran-Geran Tanah Negeri Selangor (1982) 1 MLJ 38. The principle is

that, the alienation of state land shall take effect upon the registration of a register document

of title by virtue of Section 78(3) NLC and notwithstanding that its alienation has been

approved by the state authority; the land shall remain state land until that time.

The principle was also applied in Teh Bee v K Maruthamuthu (1977) 2 MLJ 7 where the court

held that under the Torrens System the registration is everything.

It is pertinent to note that, the State Authority may alienate land subject to express conditions

which is further spelt out under Section 120 of NLC. Express condition means the conditions

that are endorsed on the title and relate to the use of land. For instance, in respect of land held

under the category of agriculture1 is ‘This land may only be used to plant rubber trees’. If the

proprietor breaches any express condition on the title, the State Authority may brought

forfeiture proceedings in respect of the land.

Whereas implied conditions are the conditions which are specified in the NLC in relation to

the type of category of land use that the land is subjected to. However, these conditions have

not been endorsed on the title2.

There is also a restriction in interest that does not deal with land use but limited the right of

the registered proprietor in applying for subdivision, partition or amalgation of the land or the

right to enter into dealings in respect of the land. For examples, ‘This land may not be

transferred, charged or leased without the written consent of the State Authority’. The breach

of restriction in interest would render the application voidable or the title unfit for

registration.

Besides that, there are several effects of alienated land which are, firstly, the Proprietor will

get title to the land, as a result the proprietor secured to develop and invest in the land.

Secondly, the period of alienation of land is longer than other mode of disposal especially in

perpetuity circumstances. Thirdly, if the land is acquired by State Authority for public

purpose, the proprietor will get compensation. Lastly, the Proprietor can deal with the land.

To conclude, the State Authority has the power vested by the NLC to dispose any state land

by granting ownership rights to any persons or bodies which is known as alienation. There

are some advantages of alienated land especially to the proprietor. The proprietor should be

alert with any conditions or restrictions in respect of the land.

1 Section 121(1)(a) of NLC2 Sections 114, 115, 116 of NLC