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Subdivision, Partition, Amalgamation

Land Law I (Universiti Sultan Zainal Abidin)

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TOPIC : SUBDIVISION, PARTITION, AMALGAMATION

★ All of these rights are available for the lands held under FINAL TITLE.

SUBDIVISION PARTITION AMALGAMATION

refer: S.135 - 139 (page 167) refer : S.140 - 145 (page 173) refer : S.146-150(page 181)

Definition S.135(1) S.140(1) S.146(1)

● Process where land under ● Any alienated land that being ● Combination of 2/ more
single title is subdivided into divided into portions and held by adjoining lands/lots into 1 land
2/more persons as co-proprietors ● Originally, the land are held
2/more portions to be held
● Each proprietors has a separate under separate titles
under separate titles. title on that portion. ● After combined : held under
● Each land to be held by the ● The portion of land is single title
same proprietor / co-proprietor proportionate to each proprietor ● Applies to; Registry Title, land
● Upon completion, portions will undivided share of the land. Office Title, Qualified Title, final
be held under separate titles Title

Who can ● The registered proprietor of S.140(1)

apply? alienated land held under - Any 2/more co-proprietors of the
Registry or Land Office Title alienated land held under a Final
title
only (lessee, tenant, etc are
not allowed to do so)
● Case: Commissioner of
Lands & Mines, JB [1973]
Issue: whether a lessee is a
registered proprietor w/in the
meaning of the NLC?
Held: Lessee is not the
registered proprietor w/in the
meaning of the NLC, thus

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doesn't have a right to apply

for subdivision of the land.

Power of S.135 (2) S.140(2) S.146(2)

Approval ● Registry Title (RT) : Director of ● Registry Title (RT) : Director of - Land Office Title (LOT): Land
Lands & Mines Lands & Mines Administrator [combined area
● Land Office Title (LOT): Land ● Land Office Title (LOT): Land will not exceed 4 hectares]
Administrator Administrator

Effect ● Title will be issued for new ● Separate documents of titles ● Single title will issued
portion for portion of each co-owner ● Existing titles have no effect.
● The existing title is no longer (S.144) ● Separate lots are now
effective ● Termination of combined
● Name of proprietor / co-proprietorship
co-proprietor will appear in all ● Land will be divided into more
the titles than one portion.
● Upon completion of the ● Existing title is no longer effective
subdivision, portions will be
held under separate titles.
● There is no termination of
co-proprietorship

Conditions to S.136 S.141 S.147

apply Must satisfied the following conditions Application shall only be approved by No amalgamation shall be proved in
in order to get the approval; State Director or Land Administrator if; the following cts;
1. Each of co-pro has either joints in 1. Lots are held under Land
1. It does not contravene any
or consent to the application Office title but the combined
restriction in interest; 2. The area will reflect the area (when amalgamated)
2. It is not contrary to any other proportion refd. to the original FT exceeds 4 hectares
written law; 3. Compliance w conditions as 2. The lots are held partly under
3. The applicant has obtained the imposed in S136(1) - same as Land Office title and partly by
approval of the relevant subdivision Registry title
planning authority; 3. Dissimilarities between lots
4. Land dues have been paid; Eg Period of lease, rates
5. Have obtained consent from

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interested parties (e.g. payable, categories of land

chargee,lessee) use, and restriction in interest
6. Land cannot be less than
minimal size; S.146(1)
i. Agricultural land: not less Condition: land must be located in the
than 2/5 of a hectare; same mukim, town/ village
ii. Other cases as determined
by the planning authority
7. There is a road access for
each subdivided lot.

Procedure S. 137 WAYS FOR PARTITION S.148(1)

Application must be made in writing to a) Agreement of the co-proprietors Application must be made in writing to
the Land Administrator by using Form [S.141 (1)(a)] the Land Administrator by using Form
9A & must be accompanied by; b) Assistance of the court [S.145] 9C & must be accompanied by;
i. Prescribed fees i. Prescribed fees
ii. A plan of land which includes No consent of the co-proprietor ii. Plans of lot to be
detail of subdivision and such [S.141A] amalgamated
number of copies required ● Majority share co-proprietor: can iii. Any approval required under
iii. Consent from other relevant apply for the approval of the any written law & consent from
authority partition (no need to get a any interested person/body
iv. Consent from person/body consent from every co-owner)
having interest in the land ● Minority shareholder: fail to S.148(2)
obtained consent from the Upon receiving the application, the LA
S. 137(2) co-proprietors, can use S.145 shall make an endorsement on the
Upon receiving the application, the LA (court intervention) RDT
shall make an endorsement on the ● S.141A (amended) : allows the
RDT minority shareholder to make an
application w/o the consent of the
Failure to meets the requirements in co-proprietors
Sec 136(1), can make the SD and LA
to reject the application

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PROCEDURE
S.142
Application must be made in writing to
the Land Administrator by using Form 9B
& must be accompanied by;
- REFER S.142 (pg 176)

ASSISTANCE FROM COURT

S.145
- Co-proprietors will neither join or
consent to making an application
for partition.
- By reason of the operation of
paragraph (f) of sub sec (1) of sec
136 (as applied by sec 141),
partition of the land between all of
the co proprietors is incapable of
being approved.
- The court makes such order as
he thinks just for the purpose of
enabling the co proprietorship to
be terminated.

Why court?
- Majority shareholder wishes to
partition the land but has neither
obtained the consent of other
co-proprietors nor received
approval from the Director of
Lands/ LA so they can straight
apply to court & not necessary to
the LA
= applies to majority & minority

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Approval S.138 (1), (2),(4),(5) S.143 S.149

Powers of LA/SD in approving/rejecting
the application for partition

Issuance of S. 139 (1) (2) S. 144 S.150

title Once partition is complete, a final title will Once amalgamation has been
be issued for each portion completed, a new title will be issued
(sekarang dah jadi diff title for each
portion)

Case for Case: Ng Kheng Yong v Seng Hup Case: Ku Yan Ku Abdullah v Ku Idris
condition Realty Co [2004] Ku Ahmad [1991]
Held: The approval, granted under S. Fact: Plaintiff is a co-proprietor with a 5/7
136 for subdivision, is subject to undivided share, while the other 4
specific conditions that must be met. Defendants collectively own the
The State Authority, Director of Lands remaining 2/7 share of a piece of land.
& Mines, or Land Administrator, as
applicable, has the discretion to either P who was the majority shareholder
approve or reject the application. applied to the Land Administrator (LA) for
partition under section 141A, but was
neither joined by the defendant nor
consented by them.

The application was rejected by the SD

without providing a reason but they
advised P to make the application before
the High Court.

P filed an application before the High

Court for partition under section 145(1),
including a proposed plan and requesting
the issuance of separate title deeds for P
and the Ds.

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The Ds opposed the application, arguing

that the court has no jurisdiction to hear
the application.

Held: Court dismiss the objection made

by the Defendant which argued that the
court has no jurisdiction to hear the
application on the ground;

1. S.141A – this section does not

force (NOT MANDATORY) for the
majority shareholder to seek an
approval from the LA for partition
bcs it is only an option that is
applicable for them.
2. The court emphasized that a
co-proprietor with the majority
share is not prohibited from
applying directly to the High Court
under section 145(1) for the
termination of co-proprietorship
and partition of the land.

In essence, the court clarified that the

co-proprietor with the majority share has
the option to apply directly to the High
Court for partition, without being
obligated to first seek approval from the
Land Administrator, and lack of consent
from other co-proprietors is not a barrier
to making such an application.
RATIONAL: safeguard the principle of
justice

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Issue Surrender and Re - Alienation Purchaser of undivided share

S.195 Principle: when a purchaser buys a share

Power to surrender the title of the land of a co-proprietor's interest in a piece of
by the proprietor land, and the purchase is made based on
an existing division of the land that has
S.199 (effect)
Upon surrender, the land reverts back been agreed upon by all co-owners, the
and vests in the State Authority as purchaser is legally obligated to adhere
State Land. to that agreed-upon division in equity.

Re- Alienation
● After the land has reverted
back to the State Authority, the
process of re- alienation may
take place.
● Re- alienation involves the
re-granting or re-issuing of land
title by the State Authority.
● It implies that the state
government grants the land to
the registered proprietor in a
subdivided form.

S.204B (pg 232)

Power of the State Authority to
approve surrender & re-alienation

204D (pg 234)

Application for approval of surrender &
re-alienation

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Case Case : GASB v Pengarah Tanah & Case: GP de Silva v Chua Yam Thong
Galian Perak [2001] [1962]
Facts: GASB, a developer acting Facts: The first and second plaintiffs,
under a Power of Attorney (PA) given along with the defendant, were registered
by Ulu Behrang (the registered owners of an undivided one-third share
owner), applied for a development each in a piece of land. In 1953 and
approval under S. 204D, which 1954, the defendant cut down coconut
involves surrender and re-alienation of and rubber trees on a portion of the land
two parcels of land. and built temporary houses.

However, since the land was under a The plaintiffs filed a legal action seeking
qualified title, the State Director of an account of profits from the houses,
Lands and Mines suggested payment of their respective shares, and
surrendering the land to the State damages. They claimed that the
Authority under S.197 and after that defendant carried out the construction
they would alienate the land back to without their consent and knowledge. In
Ulu Behrang. Following suggestion, defence, the defendant argued that the
the land was surrendered, and the building operations were limited to a
State Authority issued subdivided lots portion of the land allocated to him as his
in Ulu Behrang's name, referred to as share under an oral agreement made in
the Diamond Creeks Country Retreat. 1951 with the first and second plaintiffs.

Issue: Whether the PA granted by The defendant claimed that the plaintiffs
Ulu Behrang to the developer is still were estopped, meaning they were
effective prevented from making these claims due
to their previous agreement.
Held : The subdivided lots should be
considered as titles in continuation of Held:
the two parcels of land surrendered to The plaintiffs were not entitled to the
the State Authority. Therefore, the claims they sought for a share in the
Power of Attorney granted by Ulu developments made by the defendant on
Behrang to the developer is still his allocated portion of the land based on
effective. the agreement that has been made
between the parties.

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TOPIC: CONVERSION

★ Process of changing a category of land use from one category to another , ie: agricultural to building

Who can apply?

S. 124(1)
- The proprietor of the alienated land may apply to the State Authority for;
i. Alteration of any category of land use
ii. The imposition of any category

Condition
1. Consent of interested parties have been obtained – first proviso of sec 124(1);
2. All dues have been paid to SA – second proviso of sec 124(1);
3. Payment of further premium – sec 124(5)(a);
4. Payment of any other charges – sec 124(5)(aa);
5. Payment of newly-determined quit rent – sec 124(5)(b).
6. Compliance with other conditions imposed by SA – sec 124(5)(c).

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