Easement Agreement Malaysia

Jamalludin, N.A., Zaini, F., Hussin, K. (2016). Development of underground land in Malaysia: the need for a master plan for urban underground rural development. In Procedia-Social and Behavioral Sciences (p. 394-400). Elsevier. Based on the NLC 1965 relief supply is not created automatically by the disposal of the diaper to landowners. The acquisition of underground land does not automatically confer on the private purchaser/owner the right of access, the right to provide services and the right to support the existing building (if any) (Zaini et al., 2017). These rights are taken for granted and can be used by the holder against another third party after they are created. As a result, adjacent landowners must negotiate with each other the facilitation terms that are executed in a contract and validated in return (Kadouf, 2003; Teng, 2011).

In Malaysia, facilitation can only be provided by express assistance, must be recorded and carried out with certain instruments provided for by the NLC 1965 (Mei, 2005). In an underground development, the right of access and ease of service must always be defined and maintained in such a way as to facilitate the construction process and common purposes such as maintenance and service (Zaini et al., 2015). Facilitation must be negotiated, while the agreement must be formalized and approved in the grant designation. Relief is a right granted to the dominant landowner to use the land of the service landowner. In other words, the stratification owner must negotiate with the landowner to gain access to the land. This corresponds to Section 282 (1) NLC 1965. This situation was illustrated by the experience of MRT Corp (the designer of the project of its Valley Mass Rapid Transit (MRT) in handling the owner of the surface land during the construction of the Sungai Buloh-Kajang MRT line and der Sungai Buloh-Serdang, the Putrajaya MRT line. By allowing the landowner to retain ownership of his land, a mutual agreement was reached with the landowner to allow the coexistence of surface and basement development (MRT Corp., 2017) The land shortage has led the construction industry to be creative to maximize the area available through sub-American construction. The construction of the underground development is not new, as Malaysia began this journey with the construction and completion of stores under Merdeka Square, the Stormwater Management and Road Tunnel, the Light Rapid Transit, the Petronas Twin Tower and the completion of Mass Rapid Transportation in the Klang Valley. All local public transport must become a central agenda and the construction of public transport must be compatible with available countries and technologies. Nevertheless, there are problems related to the implementation of underground development, which deserves explanation to ensure the viability of this approach as a solution to land scarcity.

One of the themes is the concept of facilitation and protection of neighbours in underground development. National Land Code 1956 (NLC 1965) allowed different ownership and use of land for landowners and underground landowners. Therefore, it exposes these two owners (or more) to violent conflicts and disputes, because between neighbours who occupy the same land only at different levels. In this context, we examine the interaction between the surface and the team owner in providing ease and right of access. In this context, current research seeks to examine the current legal framework in order to strengthen soil management policy and stimulate the growth of underground development. Research shows that the disposal of posted land does not automatically allow access or facilitate shift work.

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