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Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative

As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to condu...

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Main Authors: Shahrul Natasha Halid,, Jady Zaidi Hassim,
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2021
Online Access:http://journalarticle.ukm.my/16685/1/44064-151933-1-PB.pdf
http://journalarticle.ukm.my/16685/
https://ejournal.ukm.my/juum/issue/view/1378
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spelling my-ukm.journal.166852021-06-02T15:14:15Z http://journalarticle.ukm.my/16685/ Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative Shahrul Natasha Halid, Jady Zaidi Hassim, As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to conduct enquiries, the power to enter the Registrar’s caveat, the power to issue an arrest, the power to issue title and others. The nature of the power of the Registrar of Titles is often under judicial scrutiny due to the direct effect of the Registrar of Titles’ actions towards registration of instruments. The issue which seems to be fuddled is whether such power is considered as quasi-judicial or merely administrative? This paper undertakes to provide an answer to such a question. Content analysis will be used in this paper by evaluating the laws and case precedents in Malaysia and Australia. This paper concludes that due to the differences in the structure of the land administration organisation and also the provisions of the Malaysian National Land Code 1965 compared to those in Australia, there is a tendency for the courts in Malaysia to limit the nature of the power of the Registrar of Titles. Despite the myriad of powers and duties afforded to the Registrar of Titles in Malaysia, in reality, the powers are legally restricted and the position is merely considered as an automaton in the land registration system. Penerbit Universiti Kebangsaan Malaysia 2021 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/16685/1/44064-151933-1-PB.pdf Shahrul Natasha Halid, and Jady Zaidi Hassim, (2021) Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative. Jurnal Undang-Undang dan Masyarakat, 28 . pp. 35-45. ISSN 1394-7729 https://ejournal.ukm.my/juum/issue/view/1378
institution Universiti Kebangsaan Malaysia
building Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to conduct enquiries, the power to enter the Registrar’s caveat, the power to issue an arrest, the power to issue title and others. The nature of the power of the Registrar of Titles is often under judicial scrutiny due to the direct effect of the Registrar of Titles’ actions towards registration of instruments. The issue which seems to be fuddled is whether such power is considered as quasi-judicial or merely administrative? This paper undertakes to provide an answer to such a question. Content analysis will be used in this paper by evaluating the laws and case precedents in Malaysia and Australia. This paper concludes that due to the differences in the structure of the land administration organisation and also the provisions of the Malaysian National Land Code 1965 compared to those in Australia, there is a tendency for the courts in Malaysia to limit the nature of the power of the Registrar of Titles. Despite the myriad of powers and duties afforded to the Registrar of Titles in Malaysia, in reality, the powers are legally restricted and the position is merely considered as an automaton in the land registration system.
format Article
author Shahrul Natasha Halid,
Jady Zaidi Hassim,
spellingShingle Shahrul Natasha Halid,
Jady Zaidi Hassim,
Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
author_facet Shahrul Natasha Halid,
Jady Zaidi Hassim,
author_sort Shahrul Natasha Halid,
title Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
title_short Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
title_full Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
title_fullStr Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
title_full_unstemmed Nature of the power of the Registrar of Titles: judicial, quasi-judicial or administrative
title_sort nature of the power of the registrar of titles: judicial, quasi-judicial or administrative
publisher Penerbit Universiti Kebangsaan Malaysia
publishDate 2021
url http://journalarticle.ukm.my/16685/1/44064-151933-1-PB.pdf
http://journalarticle.ukm.my/16685/
https://ejournal.ukm.my/juum/issue/view/1378
_version_ 1702170863709716480
score 13.211869

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