Introduction
In ascertaining the market value of a property, valuers will examine the land title, strata title, or, where a title has yet to be issued, the Sale and Purchase Agreement. A title document is a legal instrument that evidences the ownership, identification, tenure, conditions (express or implied), restrictions, and encumbrances affecting the property under valuation.
Pursuant to Article 76(4) of the Federal Constitution, Parliament is empowered to legislate to ensure uniformity of land and local government laws among the States, notwithstanding that land is generally a matter within the State Governments. The National Land Code 1965 (NLC) was enacted on this basis to achieve such uniformity. Land in Malaysia is governed by the NLC in Peninsular Malaysia, the Sabah Land Ordinance in Sabah, and the Sarawak Land Code in Sarawak.
Malaysia’s land system operates under the Torrens system, whereby registration confers indefeasibility of title, and the register constitutes conclusive evidence of ownership.
As a property owner, you will be issued with an Issue Document of Title by the relevant Land Office or Registry of Titles. A title document typically comprises two or more pages, depending on the endorsements recorded. It is essential to verify the accuracy of its contents, as clerical or administrative errors may occur. Key particulars include the name of the registered proprietor, share units (if applicable), tenure and expiry date (for leasehold), land area, location of the land (by reference to the Revenue Survey Sheet (RSS) and Certified Plan / Pelan Akuan (CP/PA)), category of land use and express conditions, restrictions in interest, encumbrances (such as charges, caveats, and leases), and other endorsements.
How do you interpret Malaysian land titles?
Agility Valuers & Property Consultants provides a simplified guide to reading and interpreting Malaysian land titles and strata titles, as follows:-
Registry Titles and Land Office Titles
Alienated land may be issued under either a Registry Title or a Land Office Title:
A. Registry Titles are issued for:
Town land (e.g. Bandar Kuala Lumpur)
Village land (e.g. Pekan Ampang)
Country land (e.g. Mukim of Petaling) exceeding four (4) hectares
Seabed land
These titles are maintained at the Registry of Titles under the Department of Land and Mines (PTG) in the respective State capital (e.g. Shah Alam for Selangor).
B. Land Office Titles are issued for:
Country land (e.g. Mukim of Petaling) not exceeding four (4) hectares
These titles are maintained at the District Land Office (e.g. Petaling District Land Office).
Forms of Title
When land is first alienated by the State Authority, or when a master lot is subdivided (as in the case of property purchases from developers), a Qualified Title is issued where the land has not yet been fully surveyed. At this stage: The land is assigned a P.T. Number (Pejabat Tanah Number). The stated land area is provisional
Upon completion of the final survey: A Lot Number is assigned (“lot” is defined as a surveyed parcel of land). The Final Title is issued, replacing the Qualified Title
Registry Titles
A. Before Survey: Hakmilik Sementara (Daftar) – HSD (Form 11A)
B. After Survey and Final Title Issued:
Geran (Freehold) – Form 5B
Pajakan Negeri (Leasehold) – Form 5C
Land Office Titles
A. Before Survey: Hakmilik Sementara (Mukim) – HSM (Form 11B)
B. After Survey and Final Title Issued:
Geran Mukim (Freehold) – Form 5D
Pajakan Mukim (Leasehold) – Form 5E
These forms are summarised in the table below.
Landed Property Title – Key Notes
Note 1 – Indicates whether the document is the Issue Document of Title (Dokumen Hakmilik Keluaran) or the Register Document of Title (Dokumen Hakmilik Daftar). The Issue Document is a certified extract of the Register Document, which is the official record maintained under the NLC.
Note 2 – The statutory form under which the title is issued.
Note 3 – The type of title, e.g. Geran, Geran Mukim, Pajakan Negeri, Pajakan Mukim, HSD, or HSM.
Note 4 – The title number (e.g. Pajakan Negeri 140).
Note 5 – The Annual Rent (Quit Rent) payable to the State Authority.
Note 6 – The expiry date of the lease, applicable to leasehold land only. Freehold land is held in perpetuity.
Note 7 – Location of the property, comprising State, District, and Mukim/Town/Village.
Note 8 – The Lot Number (for surveyed land) or P.T. Number (for unsurveyed land).
Note 9 – The land area: final area for a Lot Number, or provisional area for a P.T. Number.
Note 10 – The Category of Land Use pursuant to Section 52 of the NLC: Agriculture, Building, or Industry. Certain pre-1966 (prior to the commencement date of the NLC on January 1, 1966) titles continued under the NLC may state “Nil” or “Tiada” and are commonly referred to as Deemed Building Land, subject to statutory conditions. (please refer to our article titled “Land Valuers : Land Valuation”)
Note 11 – The relevant Revenue Survey Sheet (RSS) and Certified Plan / Pelan Akuan (CP/PA) showing the surveyed boundaries, dimensions, and area.
Note 12 – The date of registration / issuance of the title.
Note 13 – The Express Conditions (Syarat-Syarat Nyata) imposed under Section 120 of the NLC, expressly stipulating the permitted use and obligations of the proprietor (e.g. residential development, serviced apartments, detached house). Example, the land can only be used for the development of serviced apartments, the land can only be used for the construction of a detached house, etc. (It should be noted that your responsibilities as the registered proprietor are not limited to the Express Conditions stated in the title, but also extend to the Implied Conditions as provided under Sections 114 to 119 of the NLC. These Implied Conditions include, among others, restrictions on the types of buildings that may be erected on agricultural land, the prescribed timeframe for the commencement of cultivation, and the extraction of raw materials from the land.)
Note 14 – The Restrictions in Interest (Sekatan-Sekatan Kepentingan) under Section 120 of the NLC, regulating dealings such as transfer, charge, or lease (e.g. requiring State Authority consent). Example, the land hereby alienated shall not be transferred, charged or leased except with the consent of the State Authority.
Note 15 – Records of previous titles from which the current title is continued.
Note 16 – Details of the registered proprietor, including name, NRIC or company registration number, and correspondence address.
Note 17 – The Register of Dealings, recording charges, leases, transfers, acquisitions, caveats, and other registered or administrative matters.
Stratified Property (Strata Title) – Key Notes
Note 1 – The title reference, comprising the title number, building number, storey number, and parcel number (e.g. Geran 79/M1B/51/717).
Note 2 – The Parcel Rent, equivalent to quit rent but applicable to the individual parcel.
Note 3 – The tenure of the parcel, e.g. freehold in perpetuity or leasehold with a stated expiry.
Note 4 – The location of property (State, District, Mukim/Town/Village).
Note 5 – The Lot Number of the master title upon which the stratified development is erected.
Note 6 – The surveyed floor area of the parcel as shown on the Certified Plan / Pelan Akuan (e.g. condominium unit floor area).
Note 7 – Details of any Accessory Parcels and their respective surveyed areas (e.g. car parks, storage units, private gardens).
Note 8 – The Share Units allocated to the parcel, representing the parcel’s voting rights and proportionate contribution to common expenses such as maintenance charges and sinking funds.
Note 9 – The Certified Plan (Pelan Akuan) reference number for the strata survey.
Note 10 – The date of registration / issuance of the strata title.
Note 11 – The Express Conditions governing the permitted use of the parcel.
Note 12 – The Restrictions in Interest regulating dealings with the parcel (e.g. consent requirements for transfer, charge, or lease).
Note 13 – The name of the Management Corporation of the development.
Note 14 – The particulars of the registered proprietor, including name, NRIC or company registration number, and correspondence address.
Please contact Agility Valuers & Property Consultants should you require any further assistance.
Frequently Asked Questions
What is the purpose of a land or strata title?
A land or strata title is a legal document that proves who owns a property. It also shows important details such as how long the land is held (tenure), how the property can be used, and whether there are any restrictions or charges that may affect its value.
What is the difference between a Registry Title and a Land Office Title?
A Registry Title is for Town land, Village land, or large pieces of Country land (exceeding four hectares) and is kept at the State Land Registry. A Land Office Title is for smaller Country land and is kept at the District Land Office. Both are legal titles under the same law, but they are managed by different offices.
What is a Qualified Title and a Final Title?
A Qualified Title is given before the land is fully surveyed, so the land size is only a provisional size. It uses a P.T. number. After the survey is completed, a Final Title can be issued with a Lot Number and the final surveyed land size and boundaries.
What are Express Conditions and Restrictions in Interest?
Express Conditions explain how the land or property is allowed to be used, such as for condominium, office, shop, or durian farming. Restrictions in Interest control what the owner can do with the property, for example, whether approval is needed before selling, leasing, or using it as security for a loan.
What is a strata title and what does it show?
A strata title is for individual parcels in a building like a condominium or apartment. It shows the parcel number, size, any accessory parcels like car parks, the owner’s share in the building and tenure.
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