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By Lian Cheng
KUCHING, May 9: Deputy Chief Minister Tan Sri Dr James Jemut Masing says native customary rights (NCR) land perimeter surveying under Section 18 of the Land Code can be carried out immediately once the land has undergone perimeter surveying under Section 6.
Following perimeter surveying under Section 18 where individual land titles will be issued, the Dayak community must pick up the practice of “making will” to ensure no dispute of the titled land, after a land owner passes on, he added.
Masing gave reassurance that there is no obstacle between the procedural step of NCR land survey under Section 6 to be immediately followed by Section 18, except for funds and manpower.
“So on the 11th of this month, the Land and Survey (Department) will come to my longhouse in Kapit to do Section 18 (perimeter survey). So there is nothing in between, from Section 6 you go immediately to Section 18.
“It is only the question of money and manpower. If you have both, you can do it immediately. That is what I am doing now,” Masing told the media on the sidelines of the Sarawak Legislative Assembly (DUN) sitting today.
Land gazetted under Section 6 of is when an area is demarcated and plotted onto a map and the result deposited with the Land and Survey Department, which can then inspect the area as it has been properly surveyed.
Perimeter survey under Section 18 is to survey the land individually which has the subsequent effect of issuing of a document of title in perpetuity.
Masing said once the land is surveyed under Section 18, the names of the land owners will appear on the land titles.
Citing an example of a land owned by four siblings, he said in such a case, all the four names should be on the land titles and not just one name.
When four names are registered as the owners, precautionary action needs to be taken where the four owners will need to write a will to avoid any dispute should one of the owners pass on — something that the Dayak community must practice.
“So all the four brothers and sisters must have names inside there under Section 18 in the land titles. If you have only one name, you will have problems later on.
“If all names were to be in and one of them died, who is going to take over the ownership? The next one (step) coming in — you have got to have a will to settle the matter.
“These are the new things that come into the Dayak society especially the longhouses. You have got to do a will so that there will be no administrative argument when a person (one of the owners) passes away.
“This is a prudent aspect ownership which the Dayak community must learn to accept,” said Masing who is Baleh assemblyman.
He reiterated that perimeter survey of NCR land under Section 18 can be carried out immediately and even after the land is surveyed under Section 6, no one could take the land away from the community.
“There should be no more confusion where we go from Section 6. Once you get the Six (Section 6), no one can take it from you. The government can take it — of course, they can — but with fair compensation.
“Any land — titled or non-titled — government can take if for public use, isn’t it? But fair compensation must come in,” said Masing who is also Infrastructure Development and Transport Minister. — DayakDaily