LAND LAW 1 Forfeiture 2014

LAND LAW 1 Forfeiture 2014

• 2.
   It isa power of the StateAuthority to take back alienated land from the registered proprietor due to either non-payment of rent or breach of conditions.
• 3.
   Non-payment ofrent – Section 100  Breach of condition – Section 127 (1)
• 4.
  See SS 93,94, 94(2) Procedure, see SS 97-100
• 5.
   S 93.Rent to be a debt due to State Authority  S 94 (1)When rent due: the beginning of the calendar year.  S 94 (2) when in arrears: the first day of June in that year.
• 6.
  1. LA servesnotice of demand in Form 6A. 2. LA endorses a note of service pof Form 6A on the RDT. 3. LA serves a copy of Form 6A on persons and bodies having interest in land. 4. If sum demanded is not paid, order for forfeiture is made under section 100. 5. Notification of forfeiture in Form 8A is published in the Gazette.
• 7.
   Endorsement ofthe note of service of the notice on the RDT is a mandatory requirement.  Failure to do so renders the forfeiture invalid.
• 9.
   Land canbe forfeited for breach of either an express or implied condition.
• 10.
   Conditions requiringcontinuous performance  E.g. that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (4) – S 115(1)(a)  Conditions subject to a fixed term  E.g. that a bona fide commencement of cultivation of the land shall be made within twelve months of the relevant date – S 115 (b)
• 11.
   125. Whena breach of condition arises.  (1) A breach of a condition requiring continuous performance shall arise so soon, and continue so long, as the condition is not complied with.  (2) A breach of a condition subject to a fixed term shall arise-  (a) in the case of a condition requiring the doing of any act within any time (being the time specified therein, or that time as extended under section 107) upon the expiry of that time without the act having been done;  (b) in the case of a condition requiring any act to be refrained from until any time, upon the doing of that act before that time.
• 12.
   Liable toforfeiture – Section 127  127. Liability to forfeiture for breach of condition.  (1) Upon any breach arising of any condition to which any alienated land is for the time being subject-  (a) the land shall become liable to forfeiture to the State Authority, and  (b) except in a case where a fine is imposed under subsection (1A), or where action for the purpose of causing the breach to be remedied is first required to be taken under section 128, the Land Administrator shall proceed with the enforcement of the forfeiture in accordance with the provisions of section 129
• 13.
   LA may: 1.Impose fine – S 127(1A) Require RP to show cause why a fine should not be imposed 2. Instruct RP to remedy breach – S 128 Serve F 7A specifying the action required to remedy breach Endorse on RCT the land is subject to action for breach of condition. Case: Che Minah Remeli v LA of Besut [1992] 3. Enforce forfeiture – S 129 Issue notice in F 7B. Copies are served to persons under S 98(1). Hold an enquiry as to why the land should not be forfeited. Takes effect upon notification in the Gazette – S 130
• 14.
   Land andany buildings on the land revert to State Authority  Free from all titles and interests  No compensation required  Any land revenue due shall be extinguished  SA may realienate land after 3 months or after appeal has been determined by the High Court.  (See Pemungut HasilTanah KotaTinggi v UMBC [1981] 2 MLJ 264)
• 16.
   S 133 Discretion of SA
• 17.
  S 134
• 18.
   Yes. SeeSS 132(1)(a), S 134, S 418.  Appeal to the court  within 3 months  Grounds of appeal – S 134(2)  Order made contrary to NLC  LA failed to comply with requirements of NLC  Irregularity of a significant nature  (See Pow Hing & Anor)