1. AreejTorla areej@iium.edu.my

2.  “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.

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

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

6.  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

7.  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)

8.  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)

9.  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.

10.  InTER, a tenant’s 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).

11.  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)

12.  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!

13.  Section 214A
 “…no estate land is capable of being
transferred…unless approval of such
transfer…has first been obtained from the
Estate Land Board…”

14.  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)

15.  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)

16.  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

17.  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.

19.  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

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

21. 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.

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

23.  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)

24. 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).

25.  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.

26.  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)