Authors : Noraziah Abu Bakar
Abstract: Following the amendment to the national land code 1965 the registration of title or interest has undergone a transformation from a manual registration to an electronic registration. This was made possible by incorporating schedule 14 or more popularly known as the Computer Land Registration System (CLRS). A paradigm shift in the process of registration simultaneously may pose a risk of exposing both the land authority and stakeholders in conveyancing to a risk of fraud. The introduction of CLRS was made possible by virtue of Section 5A of the National Land Code 1965 where it states that the provisions relate to the forms of documents of title, the procedure for the preparation and registration of any document of title, any dealing or entry in land shall be read in accordance with the 14th schedule. Despite an assurance given by schedule 14 on the conclusiveness of the land data base, it is still far from satisfaction as to whether it is able to secure the land data base or merely creating a myth of security. An analysis of judicial decisions and the current legal provisions were carried out to evaluate the legal implication of inaccurate land data base. Whilst change to a far better system is fully appreciated, it is hope that in the interest of justice and fairness the paradigm shift will create a more secure and will continue to serve the nucleus of the Torrens system that is a convenient, secure and cost effective system. Eventually the land data base should be accurate, reliable and trustworthy to avoid any loss suffered. In a nutshell, security of tenure is not just an idea but should be realized.
Noraziah Abu Bakar , 2016. Security of Tenure in the Malaysian Computerized Land Registration: A Myth. The Social Sciences, 11: 7310-7313.