Conditions and restrictions in interest

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Transcript of Conditions and restrictions in interest

Page 1: Conditions and restrictions in interest
Page 2: Conditions and restrictions in interest

When the SA has decided to approve any

application for alienation, one of the

matters to be considered upon approval is

that land alienated will be subject to a

category of land use – sec. 76(d)

Sec. 52 stipulates that category of land use

that may be imposed by the SA can be either

for the category of agricultural, building or

industry. Endorsement of any one category of

land use shall be endorsed by the SA on the

RDT & IDT – sec. 52(1)(b)

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Sec. 5 & 103

Page 4: Conditions and restrictions in interest

Limitation or restriction imposed by the SA

on the right of the proprietor to deal with his

land. The common restrictions in interes

imposed by the SA reads as follows:-

“Tanah ini tidak boleh dipindahmilik, dipajak

atau di gadai tanpa kebenaran Pihak

Berkuasa Negeri”

Page 5: Conditions and restrictions in interest

Sec. 105

Dr Ti Teow Siew & Ors v. Pendaftar geran-

geran Tanah Negeri Selangor

Page 6: Conditions and restrictions in interest

General Powers upon alienation

Page 7: Conditions and restrictions in interest

Express condition for “ agricultural”

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Express condition for “building and industry”

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Implied Condition for agricultural

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Implied condition for building

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Implied condition for industry

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Sec. 124

(1) the proprietor of any alienated land may

apply to SA to vary any of the following:

a. To alter the category of land use

b. To delete the express conditions or RII or

to remove the term “padi” of any other

expression.

Ba. To remove the term ‘rubber’ or

‘kampung” and replace with a new

expression

c. To amend the express condition or RII

Page 13: Conditions and restrictions in interest

SA mjust satisfy that every person/body who

has registered interest in the land or in

occupation of the land consented to the new

condition/conversion.

(2) Once approved ,SA shall endorse the new

condition on the IDT and the existing

condition deleted.

Page 14: Conditions and restrictions in interest

In approving the conversion, the SA may impose:

Payment of further premium

Payment of other charges

Rate a new rent

Compliance with other requirements as the SA may think fit.

Pengarah Tanah dan Galian WP v. Sri lempah Enterprise

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Section 125

Collector of Land Revenue JB v. south

Malaysia Industries

Page 16: Conditions and restrictions in interest

Sec. 127(1) (a)

Once a breach of a condition has been made,

the land is liable to be forfeited by the SA

Page 17: Conditions and restrictions in interest

SA may have to determine whether the

breach falls under any of the following

categories:-

i. Whether the breach is capable of being

remedied by paying a fine only. This

maybe so if the breach is not serious.

ii. Whether the breach is capable of being

remedied by the proprietor within a

reasonable time

Page 18: Conditions and restrictions in interest

Sec. 1271(A)(a) – F7E

Sec. 127(A)(b)

127 (1B)

127(1C) – F7F

1227(3)

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Sec. 128

Sec. 129(1) – serve F7B