“Lai, is it compulsory to maintain the boundary mark?” This is the question posted by one of my client. The answer is yes and the laws stated in section 114 National Land Code 1965 under implied conditions affecting alienated land.
Under section 114 (a) National Land code, it clearly stated that the proprietor will take all reasonable steps to prevent their damage, destruction or unlawful removal.
If the proprietor fail to protect the boundary mark, Survey Officer can use section 401 National Land Code – Notice to clear boundaries by issued Form 29C. The cost of emplacing boundary marks on land shall be recoverable from proprietor as a debt due to the State Authority (under section 402).
The second question from my client is “Our department just newly bought a GPS and cost around RM200, 000, can they demarcate the boundary by this method”.
National Land Code 1965 is a legal law and clearly stated that Survey Department or Licensed Land Surveyor only can carry alienated survey. GPS is just a tool and we need to qualified person to certify the boundary is in position. If the client’s department carried out the survey. It is against section 403 National Land Code (Penalty for interference with boundary marks) and section 404 (Removal and alternation of boundary marks).
Under section 114 (a) National Land code, it clearly stated that the proprietor will take all reasonable steps to prevent their damage, destruction or unlawful removal.
If the proprietor fail to protect the boundary mark, Survey Officer can use section 401 National Land Code – Notice to clear boundaries by issued Form 29C. The cost of emplacing boundary marks on land shall be recoverable from proprietor as a debt due to the State Authority (under section 402).
The second question from my client is “Our department just newly bought a GPS and cost around RM200, 000, can they demarcate the boundary by this method”.
National Land Code 1965 is a legal law and clearly stated that Survey Department or Licensed Land Surveyor only can carry alienated survey. GPS is just a tool and we need to qualified person to certify the boundary is in position. If the client’s department carried out the survey. It is against section 403 National Land Code (Penalty for interference with boundary marks) and section 404 (Removal and alternation of boundary marks).
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