![]() The Torrens registration system has several important principles – amongst which are the mirror, curtain and insurance principles. The first U.S Torrens system was enacted by Illinois in 1897. Introduced in Australia, it ultimately spread to many other jurisdictions, including New Zealand, Singapore, Hong Kong, Canada as well as several states in the United States of America. When a vessel was sold, the seller surrendered the certificate for cancellation and a new Certificate was given to the new owner. The Torrens system was first introduced in South Australia by Sir Robert Richard Torrens, modelled after a method for recording owners‘ interest in ships that Torrens encountered in his work as an Australian customs administrator. The system was formulated to combat the problem of uncertainty, complexity and cost associated with the old-system title, which depended on proof of an unbroken chain of title back to its origin root of title (the Deeds System). ![]() Torrens title is a system of land title where a register of land holdings maintained by the State guarantees an indefeasible title to those mentioned in the register. ![]() Moreover, is it still relevant in relation to waqf land development in Malaysia? As the world moves on from the paper age to the digital age, the inevitable question is whether the old Torrens system is still relevant for the 21st century without any substantial change in the law. The Torrens System, which was first introduced in Australia and then transferred to these shores towards the end of the 19th century, is certainly more than a century old, whilst the National Land Code 1965 itself, which had its roots in the Land Code of 1926 (enforced in 1928), is more than 70 years old. The way forward is a simplified procedure for waqf land within the amendment of the National Land Code 1965 towards a new pathway of waqf land in the country. Consequently, it will simplify and speed up the procedures to develop potential waqf lands. More importantly, the review must highlight the constraints that restrict the smooth flow of waqf land supply onto the market for development purposes. The review will allow greater access in terms of simplification and harmonization of development procedures for improvement of waqf lands. However, the Code needs to be reviewed to allow greater access for waqf land development with special reference to relevant clauses therein. ![]() In general, the National Land Code 1965 had laid down the guidance on the way to undertake development of land, including waqf lands in the country. The initiative to improve the scenario of waqf land in Malaysia needs to consider the legal framework that governs the land administration and development process. Ismail Omar & Professor Dato’ Salleh Buang ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |