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Land Agreement Between Two Parties for Malaysia

Land Agreement Between Two Parties Template for Malaysia

A comprehensive legal document governed by Malaysian law that facilitates the transfer or agreement regarding land between two contracting parties. The agreement complies with the National Land Code 1965 and other relevant Malaysian legislation, incorporating specific requirements for land dealings in Malaysia. It includes detailed provisions for property transfer, payment terms, conditions precedent, and obligations of both parties, while addressing unique aspects of Malaysian land law such as Bumiputera rights and foreign ownership restrictions where applicable.

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What is a Land Agreement Between Two Parties?

The Land Agreement Between Two Parties is a fundamental legal document used in Malaysian property transactions to formalize arrangements between parties regarding land transfer or usage. This document is essential when conducting any significant land transaction in Malaysia, whether for development, investment, or private use. It must comply with the National Land Code 1965, Contracts Act 1950, and other relevant Malaysian legislation. The agreement is structured to address specific requirements of Malaysian land law, including title registration, transfer procedures, and where applicable, special provisions for native land, Bumiputera quotas, and foreign ownership restrictions. It serves as a comprehensive record of the transaction terms, obligations, and rights of both parties, incorporating necessary safeguards and conditions to protect the interests of all involved parties while ensuring legal compliance.

What sections should be included in a Land Agreement Between Two Parties?

1. Parties: Identification of the parties including full names, identification numbers, and addresses as required by Malaysian law

2. Background: Context of the agreement and brief history of the land ownership and transaction

3. Definitions: Definitions of key terms used throughout the agreement, including specific Malaysian legal terminology

4. Property Details: Comprehensive description of the land including title details, lot number, and other particulars as per National Land Code requirements

5. Consideration: Purchase price, payment terms, and method of payment

6. Conditions Precedent: Conditions that must be fulfilled before completion of the land transfer

7. Vendor's Obligations: Responsibilities and warranties of the seller regarding the property

8. Purchaser's Obligations: Responsibilities and obligations of the buyer

9. Completion: Process and requirements for completing the transfer of land

10. Title and Registration: Provisions regarding transfer of title and registration requirements under Malaysian law

11. Representations and Warranties: Standard warranties about the property's condition and ownership

12. Default and Termination: Consequences of breach and termination provisions

13. Notices: Method and addresses for serving formal notices

14. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Land Agreement Between Two Parties?

1. Foreign Investment Approval: Required when one party is a foreign entity, addressing compliance with Malaysian foreign ownership restrictions

2. Agricultural Conditions: Required when the land is agricultural land subject to specific conditions or restrictions

3. Development Requirements: Included when the land is subject to development conditions or requirements

4. Native Land Provisions: Required for transactions involving native land in states with special provisions

5. Bumiputera Restrictions: Required when the property is subject to Bumiputera ownership quotas or restrictions

6. Environmental Warranties: Included when there are environmental concerns or requirements for the land

7. Existing Tenancies: Required when the land has existing tenants or occupiers

8. Planning Permissions: Included when specific planning permissions are required or in place

What schedules should be included in a Land Agreement Between Two Parties?

1. Property Schedule: Detailed description of the land including title particulars, lot number, and land area

2. Title Documents: List of all title documents and certified copies

3. Payment Schedule: Breakdown of payment terms and installments

4. Encumbrances Schedule: List of any existing charges, liens, or encumbrances on the property

5. Land Use Conditions: Special conditions and restrictions on land use from the title

6. Due Diligence Results: Summary of property searches and due diligence findings

7. Form 14A: Statutory transfer form under the National Land Code

8. Existing Facilities: Inventory of facilities, structures, or improvements on the land

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




























Clauses






























Relevant Industries

Real Estate

Property Development

Agriculture

Industrial

Commercial Property

Residential Property

Infrastructure

Hospitality

Retail

Manufacturing

Relevant Teams

Legal

Real Estate

Property Development

Compliance

Land Acquisition

Investment

Corporate Affairs

Operations

Finance

Risk Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Director

Land Acquisition Manager

Development Manager

Compliance Officer

Property Investment Analyst

Real Estate Agent

Corporate Lawyer

Land Administrator

Chief Legal Officer

Property Development Director

Real Estate Investment Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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