AG on the Native land challenge

DAILY EXPRESS NEWS
AG on the Native land challenge
13 April, 2005

Kota Kinabalu: The imminent prospect of NT (Native Title) land being used for development purposes will pose a challenge not only to private developers but also intending statutory bodies. "In the near future all land development in town areas or within the satellite town will be on subsidiary title as land is getting scarce in Sabah. "How will developers tackle the 30-year lease allowed for native title if they intend to sell the property under subsidiary title to non-natives?"

Sabah State-Attorney General Mohamed Bazain Idris posed at the Seminar on Sabah Land & Subsidiary Title Law organised by the Sabah Law Association (SLA) at Beverly Hotel, Tuesday. He acknowledged that Sabah's land law is unique in its own way. "Instead of the National Land Code which is applicable in the peninsula, Sabah has its own Land Ordinance (Cap. 68). Instead of the Strata Titles Act 1985 which is applicable in the peninsula, we have the land (Subsidiary Title) Enactment 1972.

"The Land Ordinance (Sabah Cap. 68), is based on a form of modified Torrens system of registration wherein registration of title is of paramount importance. Though it does not have an express provision conferring indefeasibility of title or interests in land on registration, which is a central feature to the Torrens system of registration, it does imply that registered titles are guaranteed.

"Sections 88 and 89 of the Land Ordinance Cap. 68, provide that no new title and no dealing with, claim to or interest in any land shall be valid until it has been registered. Hence the Land Ordinance does imply that Torrens principle of title to or interest in land vest only on registration.

"The Land Ordinance also has its unique recognition of native customary rights, which is non-registrable but a facet of land rights which are recognised in Sabah.

"On a similar note, the Land (Subsidiary Title) Enactment 1972 is an enactment which allows for subdivision of even one-storey buildings. This unique aspect is not found in its sister Act in the peninsula, which only caters for subdivision of two-storey buildings and above," he noted.

Bazain also hoped the seminar would touch on the present predicament faced by persons involved in the housing industry as well as buyers with regard to phase development and the so-called Interim Management Corporation.

"These two issues are not properly addressed presently under the Land (Subsidiary Title) Enactment 1972 and I was told it has become a problem to certain developments."

He urged SLA to extend the issues raised and comments made during the seminar to the State Attorney-General's Chambers for consideration and study for the benefit of the State.