Circulars

Courtesy Call/Meeting with the Officers of Pejabat Daerah dan Tanah Petaling (PDTP) at Bilik Mesyuarat Pembangunan Tanah, Tingkat 1 Kompleks Pejabat Kerajaan Daerah Tanah Petaling, No 1 Persiaran Atmosfera, Seksyen U5, 40150 Shah Alam

The KL Bar Conveyancing Practice Committee (the Committee) had paid a courtesy call on PDTP on 26 May 2011 at 3.00pm in which the Committee had met Tuan Yahya Bin Hasan, Ketua Penolong Pegawai Daerah and several heads of department from the said land office. The Selangor Bar Committee had also sent representatives to the meeting upon our invitation.

The Land Office emphasised that they value all constructive criticism and feedback from the members of the Bar, and requested the members of the Bar to approach the land office personally should there be any problem in dealing with their office.

They have requested that members of the Bar bear with them during this transition period. They believed that they need only another month to fully settle down in their new office.

1.    Collection of Titles
The Committee were informed that there are about 4000 to 5000 titles remained uncollected at their office and they have requested the law firms to collect them as soon as possible.

In the case of caveat, they informed that if the law firms are not interested to collect the duplicate, they should file only one copy which will be kept by the land office. If they file 2 copies, they must collect the duplicate upon registration.

2.    Penalty on late collection
They received many appeals for reduction or waiver of penalty recently imposed on late collection of titles. They inform that they will only consider appeals with valid reason. Pure negligence on the part of the law firms or their runners is not a good reason for appeal. They also informed that their officers were often being harassed by requests to reduce or waive the penalty despite not having valid reason and appealed for understanding from the members of the Bar not to do that.

They also appealed to the members of the Bar not to send their runners to deal with the officers if a matter is complicated, but to attend to the matter personally.

3.    State Authority’s Consent
Time frame to issue the reply for State Authority’s Consent is usually 2 weeks unless it requires the consent of the Menteri Besar.

4.    Runners/Office Boys
The meeting was informed that when there are issues to clarify, many runners/office boys chose to leave the documents behind in the land office and asked the officer to call up the lawyers. They have requested that the law firms be advised not to do that and to instruct their runners to bring the documents back to the lawyers and the lawyers should approach the officer in charge to settle the matter.

5.    Extension of Lease
Lawyers are reminded to submit the original title in all lease extension applications. Without the original title, the land office cannot process the applications.

6.    Registrar’s Caveat
The meeting was informed that in the presence of any Registrar’s Caveat in any auctioned property, the auction is conducted subject to that Registrar’s Caveat. They requested  members of Bar to take note of this.

7.    Application for Consent to Transfer and Charge
Application for Consent to Transfer and Charge can be submitted jointly. In such case there is no need to state the specific financial institution in the application. If consent is granted under a joint application, it will be for a period of one year.

If the Consent to Charge is a stand alone application, then the name of the financial institution must be stated. Under this circumstance, if approval is granted, the approval is for a period of 3 years.
Agnes Chan Kim Hong
Chairperson
KL Bar Conveyancing Practice Committee