Land Search in Malaysia

A land search is a search of the land register that shows who legally owns a property and what is registered against it. It is the first step in almost every property transaction, and it is done before you sign anything or pay a deposit.

What a land search reveals

• The registered proprietor, and whether that person matches the seller you are dealing with
• The tenure of the land, freehold or leasehold, and the expiry where it is leasehold
• Any charge registered in favour of a bank or other lender
• Any private caveat, registrar's caveat or lien holder's caveat
• Any registered lease or easement affecting the land
• Express conditions, category of land use and any restriction in interest
• Whether the land is affected by acquisition or other endorsements

Why it is done before you sign

Everything in the transaction depends on what the register shows. A property may be owned by someone other than the person you are negotiating with, held on a leasehold title with a short unexpired term, subject to a restriction requiring state authority consent, or already caveated by another buyer.

Discovering any of this after a deposit has been paid is expensive. Discovering it before you sign costs very little.

Other searches that go with it

A land search alone is not a full due diligence exercise. Depending on the transaction we also carry out bankruptcy searches on individual sellers, company and winding up searches where the owner is a company, and enquiries with the developer or management body where maintenance arrears or consent to transfer are relevant.

When you should ask for a search

• Before signing an offer to purchase, booking form or sale and purchase agreement
• Before paying any deposit or earnest money
• Before granting or taking a lease over land
• Before transferring property to a family member
• Before lending money against a property as security
• When you suspect a dealing has been registered against your own property without your knowledge

Common mistakes

• Relying on a photocopy of a title provided by the seller or the agent, which may be out of date
• Searching only the title and skipping bankruptcy or company searches on the owner
• Ignoring a restriction in interest, then finding the transfer cannot be registered without consent
• Overlooking a short unexpired leasehold term, which affects both value and financing
• Treating the search as a formality carried out after the agreement is already signed

Frequently asked questions

What is the difference between an official search and a private search?

Both are open to any member of the public who pays the prescribed fee, so the difference is not about who may apply. A private search produces an extract of the register. An official search produces a certificate of search issued under the hand and seal of the Registrar, which costs more and is the one usually relied on at completion. We advise which your matter needs.

Can I do a land search myself?

Searches can be applied for at the land office, but you need the correct title particulars and you still have to interpret what comes back. Most buyers instruct a solicitor because the value is in reading the encumbrances and endorsements correctly, not in obtaining the printout.

What if the seller is not the registered owner?

Stop and take advice before paying anything. There may be a legitimate explanation, such as a transfer already in progress or a personal representative dealing with an estate, but it may also mean the person cannot give you good title.

Does a land search show maintenance or service charge arrears?

No. Arrears are checked with the management corporation, joint management body or developer separately. Outstanding arrears can hold up the documents needed to complete a transfer.

Should I do a search before renting out my property?

For a long term lease, yes. A tenant taking a registrable lease will want to confirm ownership, encumbrances and any restriction in interest before committing to fit out or a long term.

Related services

• Sale and Purchase Agreement
• Caveat of Property
• Memorandum of Transfer (MOT)
• Property Transfer & Transaction
• Loan Agreement
• Discharge of Charge
• Tenancy Agreement
• Lease Agreement
• Foreigners Buying Property
• Property Lawyer Malaysia

This page is general information about property law procedure in Peninsular Malaysia and is not legal advice for any particular situation. How a matter is handled depends on the title, the state and the facts, and Sabah and Sarawak have their own separate land legislation. Speak to a lawyer about your own circumstances.