Land Title Search: What, Why and How?

Posted on
Share this article   

By Low & Partners managing partner Datuk Andy Low Hann Yong

Low & Partners managing partner Datuk Andy Low Hann Yong

Low & Partners managing partner Datuk Andy Low Hann Yong

Malaysia follows the system of registration of title which means, the title is everything. The legality of the property and the legality of the vendor is spelt out in the title itself.

The first thing a purchaser should do upon acquiring a property is to conduct a land search or engage a lawyer to conduct a search. Upon obtaining the search for the title, there are the important details to look out for in the title.

Particulars of the title

For a landed property such as a house, an individual title provides particulars of the boundaries of the property as well as its dimensions and area. In the case of a strata property, the legal description will include details of the common areas, as well as the parking conveyed with the property. Particulars of the title including Title No., Lot No., District, Mukim and State will also be stated.

Particulars of the owner

The particulars of the owner are specifically mentioned in the title. It is important to confirm that the name and identification on the title correspond to that of the vendor’s that you are paying the deposit to. It is also crucial to verify that the person you are dealing with has the proper capacity to perform a transaction on the property.

Status of the title

The status of the title can be freehold or leasehold. This denotes the tenure of the title. A freehold title is a title obtained in perpetuity and is indicated as “selama-lamanya”. A leasehold title is a title acquired in the form of a lease from the government for a term of years (usually 99 years). The expiry date of the lease term is indicated in the title.

To Read More: Whether to purchase freehold or leasehold properties?

Charge

Often, a property is charged to a financier and the charge will reflect in the title. If there is a charge, it will be prudent to check the status and details of the charge.

Caveats

At times, a private caveat is entered into the title. A private caveat is a formal legal notice to the world that one has an interest in a particular property or land. As a private caveat can be entered at any time, it is, therefore vital to conduct a fresh land search to check on the existence of newly-entered caveats.

If there is a private caveat, you may consult your lawyer on how the caveat can be removed. Also, a purchaser who has paid a deposit under a Sales and Purchase Agreement (SPA) is usually advised to enter a private caveat on the land to prevent any further dealings related to the land, thus securing his or her interest in it.

Summary

As a potential buyer, a thorough scrutiny of the land search is pertinent before payment of deposit or booking fee is made. A land search can easily be done at the land office counter or through a lawyer. Alternatively, you may also download EasyLaw app for fast, easy and convenient online land search. EasyLaw app is available in both Android and iOS (www.easylaw.com.my)

 

About the contributor

Dato’ Andy Low Hann Yong is a practising advocate and solicitor of the High Court of Malaya. He holds a degree in the Bachelor of Laws (Honour) from the University of Malaya. He is also the founder and managing partner of Low & Partners with offices located in Petaling Jaya, Johor & Penang. He and his firm are nominated as the top finalists for multiple ALB Law Awards in Malaysia & South East Asia. You may contact Dato’ Andy Low here or visit www.lowpartners.com

 

Disclaimer

All data and information provided on this site are for informational purposes only. Starproperty.my makes no representations as to the accuracy, correctness, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. All users are strongly encouraged to seek professional advice before relying on any data and/or information provided on this site.

Want to contribute articles to StarProperty.my? Email: editor@starproperty.my
Latest News

Stories and news that might pique your interest

16:03 PM
News & Articles
14:03 PM
Property News
14:03 PM
Property News
14:03 PM
Property News
12:03 PM
News & Articles
16:03 PM
News & Articles
14:03 PM
Property News
14:03 PM
Property News
14:03 PM
Property News
12:03 PM
News & Articles
16:03 PM
News & Articles
14:03 PM
Property News
14:03 PM
Property News
14:03 PM
Property News
12:03 PM
News & Articles
16:03 PM
News & Articles
14:03 PM
Property News
14:03 PM
Property News
14:03 PM
Property News
12:03 PM
News & Articles
11:02 AM
Home & Living
09:08 AM
Home & Living
10:07 AM
Home & Living
12:07 PM
Home & Living
14:07 PM
Home & Living
22:06 PM
Home & Living
00:03 AM
Featured Dev
00:03 AM
Featured Dev
00:03 AM
Featured Dev
08:02 AM
Featured Dev
08:02 AM
Featured Dev
00:12 AM
Featured Dev
22:11 PM
Events
10:09 AM
Events
10:09 AM
Events
12:09 PM
Events
12:05 PM
Awards 2023
16:03 PM
News & Articles
10:02 AM
News & Articles
11:11 AM
News & Articles
11:09 AM
Featured
17:04 PM
News & Articles
11:01 AM
News & Articles
11:11 AM
Investment
16:06 PM
Featured
16:06 PM
Investment
15:06 PM
Investment
12:07 PM
潮樓產業
14:07 PM
潮樓產業
10:07 AM
潮樓產業
16:07 PM
潮樓產業
14:07 PM
潮樓產業
12:07 PM
潮樓產業