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English land law was introduced into Penang by the First Charter of Justice 1807. Wholly subjected to English land law as there was no form of local tenure. Malay customary land tenure of the Kedah should have been regarded as the lex loci of the island.
Then the land law that prevailed was the Malay customary tenure with the system of Dutch Grants implemented in the urban areas. At the turn of the 19th century, the English Deeds System was introduced. The Malay Customary Tenure was abolished. In 1891, a law was passed by the English administrators - all land shall be deemed to be vested in the Crown following the English Law of property.
Pulang Belanja (Return of expenses): If the owner wishes to sell his land, the price which he could expect from the purchaser would be the sum total of his labour and expenses incurred in cultivating and developing the land. Jual Janji: (land is held as security for a loan). Involves the sale of a land with the condition that the buyer shall retransfer the land to the borrower upon the latter paying back an identical price before a stipulated date. If the buyer fails to do so, the sale agreement becomes absolute (jual putus).
Shaik Abdul Latif & Ors v Shaik Elias Bux [1915] 1 FMSLR 204, 221
The court had to consider what law to apply in relation to a will drawn up by a Muslim who lived and died in Selangor.
On each occasion when the introduction of British influence upon the administration of the States has been formally recognised by their Rulers the only law which existed and was accepted by the Malays and other Mohammedans as applicable to questions of inheritance and testamentary dispositions was that of Mohammad modified in a few districts by local custom.
With the coming of the British administrators in the Federated Malay States, Malay customary tenure soon gave way to the Torrens System. The first Torrens legislation in the Malay States was the Selangor Registration of Titles Regulations of 1891
Registration of Titles Regulations/Enactments Selangor, 1891 Perak and Pahang, 1897 Negeri Sembilan, 1998
Divided land into two categories: 1. The Land Enactment dealt with the registration of country lands less than 100 acres in area on a Mukim land 2. The Registration of Titles Enactment dealt with registry lands (town lands and country land exceeding 100 acres and estates)
Incorporated basic Torrens principles: All lands vest in the Ruler , who has the power to alienate land to his subjects either in perpetuity of for a fixed term of up to 999 years; All dealings in land must be in the prescribed form and must be duly registered with the relevent authorities. Land title should not be conveyed by an instrument in writing executed by the landholder but by the registration of that instrument. Failure to do so so would render the dealings null and void case Hj Abdul Rahman & anor. V. Mohamed Hassan. Owners of land are given indefeasibility of title; The traditional method of acquisition of virgin land or waste land was abolished Sidek & 461 Ors v. Govt of Perak; Forms of dealings were recognised; Two forms of caveats were recognised;
Continued in force until repealed by the Federated Malay States Land Code 1926 -amended in 1928. The 1928 Land Code was repealed and replaced by the National Land Code 1965.
The English Deeds system still prevailing in the Straits Settlements of Penang and Malacca.