Special condition in relation to alienation of town building lots
16. Any alienation of town land for building purposes shall be subject to the following special conditions, namely;
(a) that buildings shall within one year from the date of registration of the document of title, or such extended period as may be therein mentioned, be erected on such land;
(b) that, whenever any written law requires that the plans of any such buildings shall be approved by a local authority, such buildings shall be erected in accordance with the approved plans. A breach of this condition may entitle the Government to re-enter, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished. For the purpose of any re-entry under this paragraph, section 33 shall, with the necessary modifications, apply.
Condition of Land (Sarawak)
Implied conditions and obligations affecting land
32.(1) In the absence of any express provision to the contrary in the document of title to any land whether alienated before or after the 1st day of January, 1958, there shall, by virtue of this section, be implied in such document of title the following conditions, obligations and restrictions
(a) that the rent, if any, and all rates, taxes and other dues payable to Government in respect of the land shall be a first charge on the land and shall be duly paid to the person and at the time and place prescribed for that purpose;
(b) that all boundary marks by which the boundaries of the land are defined shall be duly maintained by the proprietor or occupier;
(c) that no portion of the land shall be used for the burial of a human body or any part thereof without the authority of the Resident;
(d) that the Government has the right at all reasonable times to enter upon the land for the purpose of extracting therefrom and taking away any earth, gravel, clay, stone, coral, shell, guano, sand or lime upon payment to the proprietor or occupier of reasonable compensation for any damage caused to
Condition of Land (Sarawak)
(e) that any person, holding the right to do so under a valid document of title or licence granted by the Government under any written law relating to mining, may;
(i) enter on the land for the purpose of extracting therefrom mineral oil and such other commodities required for such purpose; and
(ii) do on the land such acts incidental to such purpose as may be authorized by such lease or licence, upon payment to the owner or occupier thereof of reasonable compensation for any damage done to the property;
(f) that all land which was alienated for agricultural purposes shall be cultivated in accordance with section 39;
(g) that the land shall be subject to all the rights of the Government specified in Part IV;
(h) that the land shall be subject to the rights and conditions more particularly set forth in sections 33 to 37 inclusive;
Condition of Land (Sarawak)
(i) that the land shall not at any time be used for any purpose or in any manner prohibited by or under any written law; and
(j) that the proprietor shall not cause or permit any right, interest or estate in the land to be held or acquired or enjoyed by a foreign
person, foreign company or foreign corporation or foreign body in contravention of sections 13A, 13B, 13C, 13D and 13E.
(2) All the aforesaid conditions, obligations and restrictions shall run with the land and shall bind the proprietors or occupiers thereof for the time being.
(3) If any dispute should arise as to what is reasonable compensation within the meaning of subsection (1), the person entitled thereto may require the Superintendent to refer the matter to arbitration under section 212.
Condition of Land (Sarawak)
Cultivation
39.(1)(a) Land alienated for agricultural purposes shall be subject to the implied condition that within nine months from the date of the issue of the document of title and, subject to the special conditions, if any, expressed therein, the proprietor shall take all reasonable steps preparatory to bringing such land under cultivation.
(b) Where the area is not more than *one hundred acres, the whole shall be brought into cultivation within three years.
(c) In cases where the area exceeds *one hundred acres, one-fifth of the total area shall be brought under cultivation during each successive year until the whole have been brought under cultivation.
(2) There shall be implied in every document of title to land alienated for agricultural purposes that the land shall be managed in a husbandlike manner according to the principles of good husbandry and that due regard shall be had to the conservation of natural resources.
Condition of Land (Sarawak)
Special conditions implied on alienation for agricultural purposes
39A.(1) Whenever any land is alienated for agricultural purposes, the following implied conditions shall apply thereto;
(a) that the land shall not at any time be used for any purpose other than agriculture;
and
(b) that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (2).
(2) The purposes referred to in subsection (1)(b) are the following:
(a) agriculture;
(b)(i) one dwelling house for the proprietor of the land or, where he is not resident thereon, his agricultural tenant;
(ii) such other buildings as may be necessary for accommodating any domestic servants of the proprietor or of his agricultural tenant, or persons employed on the land in connection with the use of the land for agricultural purposes; and
(iii) such non-resident buildings as may reasonably be required by the proprietor or his agricultural tenant for purposes connected with land used by them for agricultural purposes as may be approved by the Superintendent: