1.

0 Introduction
1.1 Introduction of Cadastral Surveying

A cadastral survey or cadastral map is a comprehensive register of the metes-and-bounds real property of a country. A cadastre commonly includes details of the ownership, the tenure, the precise location (some include GPS coordinates), the dimensions (and area), the cultivations if rural, and the value of individual parcels of land. Cadastres are used by many nations around the world, some in conjunction with other records, such as a title register. Cadastral surveys deal with one of the oldest and most fundamental facets of human society-ownership of land. Cadastral Survey is to establish and record the property boundary of real estate for the issuance of Land Titles as required by the Malaysian Land Law. Cadastral Survey also includes the subdivision of building and subdivision of land for issuance of Strata Titles and National Land Code. In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. The cadastral is a fundamental source of data in disputes and lawsuits between landowners. In the United States, Cadastral Survey within the Bureau of Land Management maintains records of all public lands. Such surveys often require detailed investigation of the history of land use, legal accounts and other documents. They are the surveys that create, mark, define, retrace or reestablish the boundaries and subdivisions of the public lands of the United States. They are not like scientific surveys of an informative character, which may be amended due to the availability of additional information or because of changes in conditions or standards of accuracy. Although cadastral surveys employ scientific methods and precise measurements, they are based upon law and not upon science.

2.0 Subdivision of Land

2.1 Definition of Subdivision of Land

Subdivision of Land is the act of dividing land into a pieces to make it easier to sell or develop.

According to National Land Code ( Sec. 135 NLC ) :The proprietor of any alienated land held under Registry or Land Office title or qualified title in continuation of final title may, with the approval of the State Director or Land Administrator, as provided by sub-section (2), sub-divide the land into two or more portions to be held by him under separate titles. Further explanations please refer section 135 National Land Code.

Pecah Sempadan tanah atau Subdivison of land adalah sesuatu tanah yang di pegang di bawah hak milik tetap, sama ada hak milik Pejabat Pendaftar atau hak milik Pejabat Tanah, yang telah di pecahkan kepada dua atau lebih bahagian, di mana setiap satunya dipegang di bawah hakmilik yang berasingan oleh tuanpunya tanah yang sama atau tuanpunya tanah bersama yang sama.

One lot under single title

Figure 2.0 : Subdivision of one lot under single title

Sub-divided into many lots to be held under separate titles

Figure 2.1 : Subdivision of land into many lots to be held under separate titles

2.2 Provisions of the law If there are no any instructions to the contrary, the authority to approve subdivision of land is the Director of Lands and Mines for the land held under Registry title and the Land Administrator for the land under the land office title.

2.3 Need for Subdivision of Land (a) To allow one proprietor holding land lots under separate titles. (b) To allow subdivision of building space into Strata Title (for strata). (c) To make easier for the future land dealing purpose this included transfers, chargers and others.

2.4 Condition for approval of subdivision of land ( Sec. 136 NLC ) (a) The subdivision of land would not contravene any restriction in interest to which the land is subject. (b) The subdivision not contrary to the provision of any written law, that any law imposed have been complied with. (c) Any necessary approval of Planning Authority has been obtained; that subdivision not contrary to any plan approved by the State Authority for development of the area. (d) No item of land revenue is outstanding. (e) Written consent from every person or body entitle to the benefit of a charge of the land, a lease of the land and others. (f) The area of the sub-divisional portion. In the case of agriculture land, the land must not less than 2/5 hectare. (g) Shape of the parcel or the shape of the subdivided lot must be suitable for the purpose for which it is intended to be used. (h) A satisfactory means of access available as of right from such portion either to a road, a river or to a point within the land from which such a means of access will be available.
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2.5 Subdivision Work Process

Figure 2.3 : Flow of work for Subdivision

2.6 Who Can Apply Subdivision? Subdivision can apply by the landowner or an agent acting on behalf of the landowner where an agent may be any person acting on behalf of the owner. Often landowners hire or contract a Land Surveyor or other professional planner, lawyer, engineer to act on their behalf when they do not wish to undertake the application on their own. The subdivision application must clearly indicate the name of the agent.

2.7 Application for Subdivision of Land All the application for subdivision of any land by a proprietor must be include by : (a) Form 9A All proprietors who wish to apply subdivision must writing to the Land Administrator in Form 9A (b) Payments specified in the rules of the State Land. For Example: Payment is according to the Selangor Land Rules for each title is RM 100.00 (c) A pre-computation plan of the land to be subdivides. This pre-comp plan used to showing the details of the subdivision, together with such number of copies thereof as may be prescribed or in the absence of any such prescription, as the Land Administrator may require. (d) All such written consents and official search certificate are required. A several copy of any approval or consent required when the subdivision was applied such as : Letter of authorization from the appropriate bodies designated by State Authority, letter of authorization from the person or body who has a registered interest on the said land, and written consent of the other joint owners who do not participate in subdivision.

Application will be submitted to land related agencies for technical comments. Based on technical comments from the related agencies, the Land Administrator prepares a working paper or report to be submitted to the State Authority. The application will be table in the Majlis Mesyuarat Kerajaan Negeri (EXCO) for approval. Once the completed application has been received, the Subdivision Authority has certain time frames in which to consider the application. A decision must be made within 60 days unless the applicant and the Subdivision Authority agree to a time extension. If the Subdivision Authority fails to issue a decision within the specified time frame and extensions are not agreed, the applicant may initiate an appeal. Such an appeal is considered an appeal of a deemed refusal.

3.0 Conclusion

4.0 References
1. National Land Code (Act 56 of 1965) & Regulations, 20th January 2009, Pg. 130-134, On 7 April 2012.

2. Pecah Sempadan Tanah (Sub-division Of Lands) (Sek. 135 Ktn), Retrieved 7 April 2012, From : http://pdtsetiu.tripod.com/ppspadan.htm

3. Malaysian Surveyors, Retrieved 7 April 2012, From : http://surveytanah.blogspot.com/2011/08/siri-3-pecah-sempadan-dan-pecah.html 4. Tukar Syarat dan Pecah Sempadan, Retrieved 7 April 2012, From : http://www.ns.gov.my/daerah/rembau/index.php?option=com_content&view=article&id=41 &Itemid=60

5. Land Conversion, Subdivision and Amalgamation, Retrieved 7 April 2012, From : http://eprints.utm.my/4851/1/land_conversion.pdf

6. Laman Web Rasmi Pejabat Tanah dan Galian Penang, Retrieved 7 April 2012, From : http://ptg.penang.gov.my/Psempadan.php 7. What is Cadastral?, Retrieved 11 April 2012, From : http://www.blm.gov/wo/st/en/prog/more/cadastralsurvey.html