Land Code (Cap. 81, 1958 Ed.)

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Copy of the official text captured from State Attorney-General's Chambers Sarawak (LawNet Sarawak) (lawnet.sarawak.gov.my) on 27 October 2026. Always check the official portal for the authoritative current version.

Number	Cap. 81
Type	State enactment
Applies to	Sarawak
Year	1958
Published by	State Attorney-General's Chambers Sarawak (LawNet Sarawak)

Contents — Parts and sections

273 sections in 10 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 27 October 2026). Read the full wording in the PDF.

Definitions: section 2 (Interpretation).

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Part I SHORT TITLE, INTERPRETATION AND ADMINISTRATION (2)

s 1 Short title
s 2 Interpretation
3(1). Administration
3(1A). Direction of the Minister

Part II LAND CLASSIFICATION AND DIVISION (9)

s 4 Power to constitute new areas of Mixed Zone, Native or Interior Area Land and consequential provisions
s 5 Native customary rights
s 6 Native Communal Reserves
s 6A Native territorial domain
s 7 Government Reserves
s 8 Illegal for non-native to acquire rights or privileges over land of certain classes
s 9 Acquisition of land by non-natives
s 10 Occupation of different classes of land
s 11 Director may classify land and resolve doubts as to classification of any particular area of land
2 CAP. 81 (1958 ED.)

Part III STATE LAND AND THE ALIENATION THEREOF (46)

s 12 Property in and control of State lands and waterways
s 13 Discretion to alienate
s 13A No acquisition of land by foreigners
s 13B No acquisition of land by foreigners without consent of Minister
s 13C Prohibitions and restrictions against foreigners to acquire land by way of transfer, sublease, transmission and dealings with land other than a charge
s 13D Sections 13A, 13B and 13C not applicable to interest acquired before the commencement of the Land Code (Amendment) Ordinance, 1974 and to the Federal and State Governments and statutory bodies
s 13E Foreign investment in special development area
s 13F Penalties for dealing in contravention of sections 13 A, 13B, 13C and 13E
s 14 [Repealed by Ord. No. 18/71]
s 15 Protection of native customary rights
s 15A Alienation of land surrendered, reverted or resumed to the Government
s 16 Special condition in relation to alienation of town building lots
s 17 Reversion to Government of unimproved suburban land
s 17A Penalties in respect of offences under section 16 or 17
s 18 Grants to natives
s 18A Issue of leases in Development Areas
s 19 Prohibition against the owning of more than 5,000 acres
s 20 Form of grant and lease
LAND CODE 3
s 21 [Repealed by Ord. No. 18/71]
s 22 Rent for Land
s 23 Liability for rent
s 24 Payment of annual rent and premium
s 25 Sub-division
s 26 Renewals
s 27 No compensation for improvements
s 28 Survey required before alienation
s 29 Temporary licences
s 30 Revision of rent
s 31 Restriction on transfer
s 32 Implied conditions and obligations affecting land
s 32A Rock material not to be removed from land except under licence
s 32B Use of land for carbon storage requires Licence
s 33 Re-entry in case of breach or default
s 33A Re-entry of land within special development area
s 34 Right of way
s 35 Right of neighbouring owners to drainage and irrigation
s 36 Right to prospect for minerals
s 37 Government’s right of drainage, etc.
s 38 Margin of land along all rivers, sea coasts, roads, borders, etc., reserved to the Government
s 39 Cultivation
s 39A Special conditions implied on alienation for agricultural purposes
s 40 Replacement of Occupation Tickets
s 41 [Repealed by Ord. No. 20/63]
s 42 Sago Land
s 43 [Repealed by Ord. No. 3/79]
s 44 No title or right to be acquired against the Government save such right or title as may be granted under this Code
4 CAP. 81 (1958 ED.)

Part IV RESUMPTION OF ALIENATED LAND (39)

s 45 Surrender
s 46 Purposes for which land may be resumed
s 47 Power to enter and survey
s 48 Declaration that land is required for a public purpose
s 49 Plan to be made and notices given
s 50 Power to require statements as to names and interests
s 51 Proceedings and award by Superintendent
s 52 When award of Superintendent to be final
s 53 Power to take possession
s 54 Entries to be made in Register
s 55 Adjustment of compensation
s 56 Reference to Court
s 57 Superintendent’s statement to the Court
s 58 Service of notice
s 59 Appointment of assessors
s 60 Matters to be considered in determining compensation
s 61 Matters to be disregarded in determining compensation
s 62 Rules as to the amount of compensation
s 63 Assessor’s opinion to be recorded
s 64 Difference of opinion
s 65 Assessor’s fees
s 66 Award to be in writing
s 67 Costs
s 68 Appeal to the Court of Appeal
s 69 Payment of interest on excess compensation
LAND CODE 5
s 70 Application of Courts of Judicature Act 1964
s 71 Payment of compensation or deposit thereof in Court
s 72 Payment of interest
s 73 Temporary occupation of waste or arable land
s 74 Power to enter and take possession
s 75 Dispute as to condition of land
s 76 Service of notice
s 77 Obstructing survey, etc.
s 78 Police to enforce surrender
s 79 Government not bound to complete acquisition
s 80 Exemption from stamp duty and fee
s 81 Bar of suits to set aside awards
s 82 Extinction of native customary rights
s 83 Interpretation of this Part

Part V SETTLEMENT GENERAL (20)

s 84 Settlement Notification
s 85 Notice by Settlement Officer
s 86 Staying actions after publication of any notification
s 87 Notice of progress to be published
s 88 General powers of Settlement Officer
SETTLEMENT OF ALIENATED LAND
s 89 Schedule of alienated land
s 90 Publication of Schedules of Alienated Land
s 91 Amendments to Schedule of Alienated Land
s 92 Entries in Register, etc.
6 CAP. 81 (1958 ED.) SETTLEMENT OF STATE LANDS
s 93 Presentation of claims to State land
s 94 Investigation of claims to State land
s 95 Settlement Order
s 96 Registration of new grant or lease in respect of land specified in
Settlement Order
MISCELLANEOUS
s 97 Representation of absentees, minors, persons under disability and others and also of members of a class
s 98 Exclusion of areas from Settlement Area for Native Communal Reserves
s 99 Government rights to unclaimed land
s 100 Restriction on dealing pending settlement
s 101 No claim to compensation on account of failure to locate parcel in existing Registers
s 102 Appeal from a decision of Settlement Officer or of the Superintendent under section 18
s 103 No appeal after period prescribed

Part VI SURVEY (8)

s 104 General powers
s 105 Note to secure attendance
s 106 Clearing boundary lines
s 107 Compensation for injury done by clearance
s 108 Boundary marks to be set up
s 109 Power to re-erect and repair boundary marks
s 110 Removal of or interference with survey and boundary marks
s 111 Recovery of cost
LAND CODE 7

Part VII REGISTRATION (98)

s 112 Register
s 113 When instruments deemed to be registered
s 114 Provision for counterparts
s 115 Registered proprietor
s 116 Priority of registration
s 117 Issue document of title
118 .(1) Production to Registrar of issue document of title upon registration
(2) Particulars to be endorsed on issue document of title
s 119 Instrument not effectual until entry in Register
s 120 Informal instruments not to be registered
s 121 Register to be open for search
s 122 Arrears of rent, fees, etc., to be paid before registration
s 123 Registrar may dispense with issue document of title or charge
s 124 Registration in name of deceased person
s 125 Stamp duty to be paid before registration
s 126 Instruments requiring correction
s 127 Certified copies
s 128 The issue of new document of title in case of loss of original
s 129 Co-proprietorship
s 130 Joint tenants
s 131 Title guaranteed to registered proprietor
s 132 Indefeasibility of title
s 133 Doctrine of notice not to apply
s 134 Effect of fraud
s 135 No compensation for failure to locate land in old Registers
s 136 Rectification of the Register
8 CAP. 81 (1958 ED.) TRANSFERS
s 137 Transfer by registered proprietor
s 138 Where land is subject to a charge
s 139 Transfer of sublease and charges
s 140 Implied agreement by transferee of sublease
s 141 Removal of easement
s 142 If transfer has been lost or has not been executed
CHARGES
s 143 Forms of charges
s 143A Profits and other moneys secured by any charge where an Islamic bank is the Chargee
s 144 Conditions implied
s 145 Redemption
s 146 Alteration of terms of the charge
s 147 Sub-charges
s 148 Remedies for default
s 149 Second or subsequent charges
s 150 Sale by order of court
s 151 Application of purchase money
s 152 Procedure if no sale
s 153 Protection of purchaser
s 154 Discharge of charge
s 155 Repayment when chargee cannot be found
s 156 When an order of Court is made
s 157 When chargee becomes purchaser
LAND CODE 9 SUBLEASES
s 158 Form of sublease
s 159 Sublease not binding on chargee without consent
s 160 Covenant for right to purchase
s 161 Sublease for term not exceeding one year
s 162 Agreements implied in subleases
s 163 Powers in the lessor
s 164 Agreement implied in sublease
s 165 Sublease
s 166 Extension or variation of sublease
s 167 Surrender of sublease
s 168 Re-entry by lessor
TRANSMISSIONS
s 169 Transmissions
s 170 Change of name
s 171 Vesting orders of court
s 172 Production of Certificate of Transmission by Probate Officer
CAVEATS
s 173 Caveat against dealing
s 174 Particulars to be stated
s 175 Effect of caveat
s 176 Notice of caveat to be given
s 177 Procedure for removal
s 178 Lapse of caveat
s 179 Person entering caveat without cause
s 180 Withdrawal
s 181 No second caveat may be entered
s 182 Registrar may enter caveats
10 CAP. 81 (1958 ED.) PROCEDURE IN SPECIAL CASES
s 183 Executions, judgments and pending actions
s 184 Satisfaction of writ, judgment, decree or order to be noted on Register
s 185 Orders and provisions for rectification of the Register
s 186 Trusts
s 187 Stay of Registration
POWERS OF ATTORNEY
s 188 An attorney may deal with land
s 189 Power of attorney to be registered
s 190 Continuance of power of attorney
s 191 Irrevocable power of attorney
DUTIES OF REGISTRAR AND OTHER OFFICERS
s 192 Registrar not bound to produce Register without court order
s 193 Preparation of instruments
s 194 No document of title to be altered without authority
s 195 Additional powers of Registrar
s 196 Books to be kept
COMPENSATION FOR LOSS
s 197 Compensation for loss
s 197A Government not liable
s 198 Notice of action to be served on State Attorney-General
s 199 Recovery of compensation
s 200 Government not liable in certain cases
s 201 Measure of damages
s 202 Limitation of actions
LAND CODE 11 APPEALS, COURT PROCEDURE AND NOTICES
s 203 Appeal from decision of Registrar
s 204 Notice to Registrar of appeal
s 205 (1) Hearing of appeal (2) Expenses of appeal
s 206 Procedure
s 207 Special case
s 208 Methods of effecting service

Part VIII OFFENCES AND SANCTIONS (13)

s 209 Unlawful occupation, cultivation, clearing, etc., of State land
s 209A Power of arrest
s 209B Power of eviction, seizure, etc.
s 209C Custody and delivery of things seized
s 209D Forfeiture of things seized
s 209E No costs or damage arising from seizure to be recoverable
s 209F Power to compound offences
s 209G Power to investigate
s 210 Miscellaneous offences
s 211 Penalty for carelessly destroying
s 211A Penalty: continuing offence
s 211B Offence by corporation
s 211C Who may prosecute.

Part IX ARBITRATION AND MISCELLANEOUS (15)

s 212 Arbitration
s 213 Rules
12 CAP. 81 (1958 ED.)
s 214 Notices
s 215 Attestation
s 216 Corporation may execute under seal
s 217 Variation in forms
s 218 Legal representatives
s 219 Implied covenants
s 220 Instruments remaining on old registers under former Land Ordinance and subsequent instruments and entries
s 221 In cases where a registration should not form part of the Register the
Registrar shall enter a caveat and give notice of the effect thereof
s 222 The Registrar shall also enter a caveat and give notice stating the effect thereof if a registration has been included in the Register in contravention of section 112(6)
s 223 Cancellation of registration upon expiry of period stated in notice or of any extended period
s 224 Jurisdiction and powers of Court after entry of a caveat under section 221 or 222
s 225 Withdrawal of caveat and effect thereof
s 226 Saving for powers conferred by Part V

Part X DEVELOPMENT AND SUB-DIVISION OF LAND (23)

s 227 Interpretation
s 228 Establishment of State Planning Authority
s 229 Functions of the State Planning Authority
s 230 Prohibition of sub-division and development without approval
s 231 Procedure for application for sub-division and development of land
s 232 Approval for sub-division
s 233 Period of approval
s 234 Procedure following approval of plan
LAND CODE 13
s 235 Endorsement in Land Register
s 236 Compensation in respect of approved sub-division
s 237 Making of claim for compensation
s 238 Claim for compensation
s 239 Powers of entry
s 240 Obligation to give information to Superintendent
s 241 Road when properly made up may be declared a public road
s 242 Avoidance of certain transactions relating to sub-divisions
s 243 Power to demolish buildings erected on land
s 244 Issue of documents of title
s 245 Restrictions inconsistent with approved plan
s 246 Public Authorities Protection Act 1948
s 247 Protection of the Director, Permanent Secretary to the Ministry for
Resource Planning and State Planning Authority
s 247A Delegation of powers
s 248 Rules
PART I — Land Rules
PART II — Land (Registration of Titles) Rules
14 CAP. 81 (1958 ED.) LAND CODE 15
Chapter 81 (1958 EDITION)

Schedules: FIRST SCHEDULE—Prescribed Forms · SECOND SCHEDULE—

Weights and Measures Act 1972 (Act 71)Criminal Procedure Code (Act 593)Courts of Judicature Act 1964 (Act 91)Subordinate Courts Act 1948 (Act 92)Communications and Multimedia Act 1998 (Act 588)Public Authorities Protection Act 1948 (Act 198)Free Zones Act 1990 (Act 438)Penal Code (Act 574)

Federal Acts that this law's official text itself refers to (as “[Act N]”), most-referred first.

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Land Code (Cap. 81, 1958 Ed.)

Contents — Parts and sections

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