National Land Code (Malaysia)
The National Land Code (NLC) is the principal legislation governing land tenure, registration of titles, and dealings in land in Peninsular Malaysia. It came into force on 1 January 1966, replacing previous land laws based on English common law and various State land enactments.
The NLC establishes a Torrens system of land registration, meaning that the register is conclusive proof of ownership and title. It provides a comprehensive framework for land administration, including the creation and transfer of land titles, leases, charges (mortgages), easements, and other interests in land.
Key aspects covered by the National Land Code include:
- Registration of Titles: The NLC establishes the land registry system and the procedures for registering land ownership and other interests.
- Types of Land Tenure: It defines different forms of land ownership, such as freehold and leasehold.
- Land Dealings: The NLC outlines the rules and procedures for various land transactions, including sales, transfers, leases, and mortgages.
- Rights and Obligations of Landowners: It specifies the rights and responsibilities of landowners, including the right to use and enjoy their land, and the obligation to comply with land use regulations.
- State Authority Powers: The NLC grants broad powers to the State Authority (the state government) in relation to land administration, including the alienation of State land and the enforcement of land laws.
- Land Acquisition: While the NLC governs land tenure, the Land Acquisition Act 1960 handles the procedures for acquiring land for public purposes, even if that land is privately owned.
The NLC has been amended several times since its enactment to address contemporary issues and improve its effectiveness. While the NLC primarily applies to Peninsular Malaysia, Sabah and Sarawak have their own land codes that, while sharing some common principles, operate independently.