Understanding East Malaysia Land Search: What You Need to Know About Sabah & Sarawak
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Understanding East Malaysia Land Search:

What You Need to Know About Sabah & Sarawak

 

When it comes to property transactions or land due diligence in Malaysia, many people are familiar with how things work in Semenanjung (Peninsular Malaysia). But if you're dealing with land in Sabah or Sarawak, the process is not the same. East Malaysia operates under different land laws, has its own procedures, and even uses unique document formats. If you're unfamiliar, this can easily become confusing especially when it comes to performing a land search. Here’s what you need to know.

 

Sabah and Sarawak Use Different Land Systems

Unlike Peninsular Malaysia, which follows the National Land Code 1965, both Sabah and Sarawak have their own land enactments:

  • Sabah: Governed by the Sabah Land Ordinance 1930
  • Sarawak: Governed by the Sarawak Land Code (Cap. 81)

Because of these different legal frameworks, land administration, ownership rights, and title structures are handled differently. This means the land search process, what documents you get, and what information is included will also vary by state.

 

Types of Land Search: Sabah vs Sarawak

In Sabah, land search documents commonly include:

  • Xerox Copy (non-official copy of the land title)
  • Land Search (provides updated title and encumbrance details)

In Sarawak, you can request:

  • Simple Print-Out (summary of basic land and ownership details)
  • Full Print-Out (includes full title information with land officer’s stamp)

Each of these serves different purposes, from basic ownership checks to full legal verification. Choosing the right one depends on your specific needs.

 

How Sabah & Sarawak Land Titles are Structured

Land titles in East Malaysia are not the same as in Semenanjung, where terms like Geran or Hakmilik Sementara are commonly used.

  • In Sabah:
    • NT (Native Title) – Reserved for Sabah natives
    • CL (Country Lease) – Typically 99-year leasehold
    • TOL (Temporary Occupation License) – For short-term use, usually agricultural
  • In Sarawak:
    • Provisional Lease (PL) – Temporary until fully alienated
    • Lot Titles – Based on land districts and blocks
    • NCR Land (Native Customary Rights) – Customary land recognised under Sarawak law

 

Can Anyone Own Land in Sabah or Sarawak?

Ownership rules in East Malaysia are stricter to protect native rights.

  • In Sabah:
    • Only natives can hold Native Titles (NT)
    • Foreigners and non-Sabahans require state approval to acquire leasehold titles (CL)
  • In Sarawak:
    • Some land is reserved for natives and Bumiputera only
    • Foreign ownership is restricted and tightly regulated

A land search helps uncover any ownership restrictions or conditions before you proceed with a transaction.

 

Why It’s Important to Do a Land Search

A land search is more than just checking who owns a property. It can reveal:

  • Whether the land is free from encumbrances
  • Whether it falls under native title or restricted categories
  • Outstanding fees or quit rent
  • Any terms that limit transfer or development

Doing a search helps prevent future disputes, uncover hidden liabilities, and ensure you’re dealing with the right owner, especially in Sabah and Sarawa,k where land law is unique

 

Frequently Asked Questions (FAQ)

  1. Can non-Sabahans or foreigners own land in Sabah?
    • Only natives of Sabah can own Native Titles (NT). Others, including foreigners, may be allowed to own leasehold titles (like CL), but must first get approval from the State Authority.
  2. What is the difference between Simple Print-Out and Full Print-Out in Sarawak?
    • The Simple Print-Out gives basic land, ownership, and encumbrance info. The Full Print-Out includes the same details but with an official stamp and signature from the land officer, making it more suitable for legal purposes.
  3. Can I request a land search online?
    • That's why using a service provider like EasyLaw helps simplify the process as everything is done for you.

 

 

Let EasyLaw Handle Everything for You

Navigating land matters in Sabah and Sarawak can feel overwhelming, with different forms and processes that take time. But with EasyLaw, you don’t need to worry about all that.