Difference partition and subdivision PDF

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Summary

According to secion 92(2) of the Naional Land Code, a proprietor has the right to subdivide pariion and amalgamate the land ater the registraion of the land is completed.Subdivision is deined as any land held under a inal itle is subdivided into two or more porions, each to be held by the same propr...

Description

According to section 92(2) of the National Land Code, a proprietor has the right to subdivide partition and amalgamate the land after the registration of the land is completed. Subdivision is defined as any land held under a final title is subdivided into two or more portions, each to be held by the same proprietor or by the same co-proprietor under a separate title. It is a process of breaking up of an alienated land under a final title which under single title; two or more portions. Each land is held by the same proprietor/co-proprietor. The completion of subdivisions, portions will be held under separate title. Based on section 135 of NLC, the subdivision can only be proceeded with the approval of the state director in the case of the land held under the registry title and land administrator in the case of land held under the land office title. According to the case of Lee Chuan Tuan v Comm of Land and Mines JB, the application must be made by the owner of the land. The effect of subdivision is the title will be issued for new portion whereby the existing title will be no longer effective and the name of proprietor and co-proprietor will appear in all titles. There is no termination of co-proprietorship. Partition involves the dividing of land into portions so that each co-proprietor has a separate title to that portion. The portion of land owned by each proprietor to proportionate to his undivided share of the land. Section 140 (1) provides any or 2 more co-proprietors of alienated land held under Registry title or Land Office title. Upon the land has been divided, each co-proprietor will have a separate title to that portion. The partition is necessary to separate the documents of the coproprietor which will represent the separate ownership of that particular land. The effect of partition is the existing title will be no longer effective, and land will be divided into more than one portion. Co-proprietorship will terminate and each co-proprietor will have his own separate title as provided in s 140(1)(a) of NLC. If two or more co proprietorships wish to continue sharing, then they will get one title and the other co-proprietors will, each, get their own titles as provided in s140(1) (b)....