THE PRACTICE OF LAND LAW under THE NATIONAL LAND CODE 1965 and RELATED LEGISLATIONS

29-30 May, 2024, THE MAJESTIC HOTEL KUALA LUMPUR

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Mr Tang Kean Onn was an advocate and solicitor of the High Court of Malaya and a senior member of the Malaysian Bar. He holds a degree in the Bachelor of Laws (LL.B Hons. ) and Master of Laws (LL.M ) both from the University of Malaya.He has vast experience dealing with and advising on legal and practical issues relating to land and property transactions and housing development over the last 42 years.

 

In recognition of his contributions to legal education especially in the areas of banking law and practice, Mr. Tang has been conferred the Associate Fellowship of the Institute of Banks, Malaysia. (FIBM)

 

He was also an Examiner and Part-time Senior Lecturer in Corporate and Commercial Law at the University of Malaya since 1984. Mr. Tang had lectured part-time at the University of Malaya, both in the Faculty of Law and the Faculty of Business and Accounting in the following undergraduate and postgraduate programmes:

• Master of Laws (LL.M) in “Current Issues in Civil Litigation” at the Faculty of Law’

• Master’s in Business Administration (MBA) in “Corporate Law” at the Faculty of Business & Accounting.

• Master’s in Business Administration (Accounting) (MBA Acc.) in “Legal Environment in Accounting” also at the Faculty of Business & Accounting.

• The Certificate in Legal Practice (CLP) in “Civil Procedure” at the Faculty of Law.

 

For more than 42 years Tang Kean Onn has conducted numerous professional courses relating to legal issues for various banks and other non financial institutions. Such programs include:

• Land Law and Securities Documentation.

• Law & Practice on Housing Developers, Strata Titles, and Gated Communities.

• Legal & Practical issues on Loan Recovery and litigation.

• The Law & Practice of Hire-Purchase in Malaysia.

• The Legal & Regulatory Framework under the Financial Services Act 2013 [FSA].

• The Law & Practice of Guarantees in Malaysia

• Credit Fraud and The Law: Causes, Effect and Prevention

 

Tang Kean Onn is also the author of the study manual for the CERTIFIED CREDIT PROFESSIONAL (CCP) examination for bankers for the following modules:

• The Legal and Regulatory Framework in Malaysia;and Securities Documentation

Venue Details

THE MAJESTIC HOTEL KUALA LUMPUR
5 Jalan Sultan Hishamuddin, 50000 Kuala Lumpur,
Phone : 03 2785 8000

https://www.majestickl.com/

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • The Relevant Legislations
  • The Practical Importance Of Land Registration Under The National Land Code
  • The Effect Of Encumbrances On Land
  • Land Searches: Effect Of
  • Importance Of The Safe Custody Of The Issue Document Of Title
  • Documentation Of All Instruments Of Land Dealings And The Relevant Land Forms 
  • Free-Hold And Lease-Hold Land
  • Private Leases And A Private Lease Scheme
  • The Process Of Sub-Division
  • Malay Reserved Land And Bumi-Lots
  • Effect Of Power Of Attorney Under Section 309-311 Of The National Land Code
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding the law and practice of land law under the National Land Code and other related legislation under the Housing Development Act and the Strata Titles Act.
  2. Learning the importance of the land title.
  3. Learning the types and effect of land encumbrances.
  4. Understanding thoroughly the documentation procedures in all land and property transactions involving land/strata titles and those without titles.
  5. Learning the legal and practical differences between free-hold and lease-hold land.
  6. Understanding Malay Reserved Land and “Bumi-Lots”.
  7. Knowing important differences between a Private Lease and Lease-hold land.
  8. Analysing the ‘Medini’ experience in Johor under the Private Lease Scheme (PLS).
WHO SHOULD ATTEND
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
  • Media Practitioners
  • Academicians
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
DAY 1
9:00

THE RELEVANT LEGISLATIONS:

  • The National Land Code 1965.
  • The Strata Titles Act 1985
  • The Housing Development Act 2007
10.45

THE PRACTICAL IMPORTANCE OF LAND REGISTRATION UNDER THE NATIONAL LAND CODE :-

  • Understanding indefeasibility of title and interests
  • Effect of fraud and forgery in property transactions in pre & post Adorna Properties case
  • Meaning of immediate and deferred indefeasibility
12.00

THE EFFECT OF ENCUMBRANCES ON LAND:-:

  • The legal effect of encumbrances
  • Understanding the process of presentation and actual registration of
    instruments of land dealings under the National Land Code
1:00 Lunch
2:00

LAND SEARCHES: EFFECT OF:-

  • Private Caveats: Entry, Withdrawal and Removal –
  • Registrar’s Caveats
  • Prohibitory Orders
 

IMPORTANCE OF THE SAFE CUSTODY OF THE ISSUE DOCUMENT OF TITLE

  • Understanding the administrative role
    of the Land Administrator under the National Land Code
  • Effect of lost, misplaced, or stolen issue document of title
  • Important steps to prevent fraud and forgery
3:45

DOCUMENTATION OF ALL INSTRUMENTS OF LAND DEALINGS AND THE RELEVANT
LAND FORMS

  • Execution, Attestation, Adjudication and Stamping of the Memorandum of
    transfer (Borang 14 A) and the Memorandum of Charge (Borang 16A)
  • Presentation for registration
  • Dealing with DECEASED’S LAND AND PROPRIETORS
5:00 End of Day 1
DAY 2
9:00

FREE-HOLD AND LEASE-HOLD LAND

  • Important legal differences under the National Land Code
  • What are RESTRICTIONS IN INTEREST?
  • Application for consent to transfer and charge
  • Effect of expiration of the lease period
10.45

PRIVATE LEASES AND A PRIVATE LEASE SCHEME

  • What are private leases and a Private Lease Scheme (PLS)
  • The law governing a Private Lease Scheme under the National Land Code 1965
  • Important legal and practical differences between a Private Lease Scheme and Lease-hold land
  • Can a Private Lease be granted to 2 or more people? Implications under section 225 (2) of the National Land Code
  • Reconciling a Private Lease Scheme with the Housing Development Act and the Strata Titles Act 1985
  • Understanding the “Medini” Private Lease Scheme in Johor
  • Legal implication arising from the High Court decision in the case of Tropika
    Istimewa Development Sdn Bhd - “The Meridin @ Medini” in Johor Baru, and the Court of Appeal decision in Loh
    Tina & Others v Kemuning Setia Sdn Bhd & Others
12.00

THE PROCESS OF SUB-DIVISION

  • Sub-division of land - Land titles
  • Sub-division of buildings-Strata Titles
1:00 Lunch
2:00

MALAY RESERVED LAND AND BUMI-LOTS.

  • Restrictions and prohibitions under
    the National Land Code and the respective Malay Reservations Land Enactments
  • Who is defined as a “Malay” and a “Bumi”
3:45

EFFECT OF POWER OF ATTORNEY UNDER SECTION 309-311 OF THE NATIONAL
LAND CODE.

  • Revocable Power of Attorney
  • Irrevocable Power of Attorney
  • Creation and termination of Power of Attorney
  • Fraud and forgery of Powers of Attorney
5:00 End of Course