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The Bar Council has received numerous complaints from both members of the Bar and from the public regarding problems at the above Land Registries.

The Shah Alam Land Registry was closed for a month from 15 November 2000 for computerisation and no land searches or documents could be presented during that time. However, data of only about 30,000 out of 490,000 titles have been entered into the computerised system to date. An applicant for a land search is required to complete a form and return three days later to ascertain whether the photocopy of the title is available. The process is repeated if it is not available and it is not uncommon for applicants to have to return several times and there have been instances where a search result is only obtained after two months. This causes great inconvenience to the applicants especially those from other states. Moreover, the accuracy of the information in the photocopy of the title is doubtful as it bears no signature or the endorsement of the officer from the Registry and it does not contain up to date information or dealings on land and entries of caveats.

The same problems are faced by the public in the Johore and Penang Land Registries which effected computerisation at the beginning of April 2001. In Penang, there is an additional problem in that the computer printout merely states the Lot number of the land without giving the Geran particulars. In Johore Baru, the situation is so bad that applicants have to queue up outside the main gate of the Land Registry building as early as 2.00 am every day!

Before computerisation, the Johore Land Registry could attend to about 400 presentations a day. But after computerisation, only about 120 presentations can be attended to. Hence clerks from the law firms have to queue up as early as 2.00 am every day at the main gate of the Land Registry merely to get the serial numbers for the presentation of instruments. Also, each legal firm is only allowed to present three transactions daily.

There is also a long delay on registration of the documents in the above three Land Registries. It is not uncommon that documents are only registered and returned after one year.

The Bar Council is deeply concerned and views seriously the inordinate delay in the above three Land Registries. The situation has not improved despite the meetings the respective State Bar Committees had with the relevant authorities.

Since searches cannot be done expeditiously or accurately, lawyers are unable to advise their clients, the Purchasers and Bankers, on the actual status of the titles and on the release of the loans for completion of the purchases. This not only causes the Purchasers to suffer directly in that they have to pay late payment interest to the Vendors or in some cases even had their deposits forfeited by the Vendors. This also invariably affects the economy of the country as property transactions are delayed and reduced.

Also bearing in mind that under the Torrens System, searches and presentation should be done simultaneously on the same day. In the present scenario, it is not possible to do so at the above three Land Registries, and anything can happen between the date of the search and the date of presentation. This is of course also assuming that the particulars of the search provided by the Land Registries are accurate and up to date.

The Bar Council calls upon the Government to take immediate and effective steps to address the problems at the above three Land Registries in the national interest as well in the interest of the public in general before the whole registration system breaks down completely.

If indeed the real problem faced by the above three Land Registries is due to a shortage of staff conversant with the presentation and registration procedures using the computer, the Bar Council, the State Bar Committees of Penang, Selangor and Johore will be more than prepared and happy to assist the said Registries on an ad hoc basis, by providing conveyancing clerks (who are computer literate) to clear the backlog and delays currently afflicting the said Registries.

Dated this 5th day of July 2001.

Mah Weng Kwai
Chairman
Bar Council

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