Land Ownership and Dealing Rights Under National Land Code: Legal and Administrative Framework
This course discusses major characteristics and general features of Malaysian land law and its developments. Malaysian land law, similar to land tenure systems of various other countries especially those adopting the Torrens system. Designed primarily to deal with the main characteristics and general features of the Torrens System as applicable in Malaysia and its administration and implementation as regulated by the provisions of the National Land Code, (Act 828) and decided cases.
Being heavily developed from statutes and case law, the course concentrates on learning land law through studying the provisions of the legislation and cases. It thus aims to equip participants with the essential knowledge of some leading cases by analysing, discussing and critically reviewing the decisions.
- Explain the operation of provisions of the relevant statutes used in the process of land dealings.
- Analyse the government policies made to address the developments in land administration law and also the necessity to introduce specific laws to meet the social, political and economic structures of the society.
- Government agencies dealing with land
- Property developers
- Estate Agent
- Professionals involved in land development
- Short concept inputs (practical & business-relevant)
- Interactive discussions and experience sharing
- Sales role-plays and closing simulations
- Case scenarios (B2B & B2C)
- Individual reflection and action planning
Day 1
- Introduction to the National Land Code
- Overview of the Federal Constitution and its relevance to land
ownership (Article 13) - Understanding property rights and interests under the National
Land Code - Roles and responsibilities of three tier government and related
government agencies in land management and administration - Rights of landowners
- Overview of the Federal Constitution and its relevance to land
- Alienation of Land
- Registration of land titles, Express and Implied conditions, Restriction in Interests
- Payment for land ownership
- Dealings with land
- Transfer of land ownership: procedures and considerations
- Leases and tenancies
- Charge and Lien
- Certificate of Sale by Court (Auction)
- Restraint on Dealings
- Caveats
- Prohibitory Order
- Injunctions
- Land Acquisition law
Day 2
- Constitutional Provisions relating to Land Reservation
- Types of Reserved land and law
- Malay reserved land
- Malay Agricultural Settlement
- Customary land
- Indigenous land rights
- FELDA
- Dispute resolution mechanisms for land-related issues
- Mediation, arbitration, litigation options
- Types of Reserved land and law
- Case studies illustrating dispute resolution outcomes
- Q&A
- Wrap-up
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