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Land Exchange Agreement
"I need a Land Exchange Agreement between ABC Development Sdn Bhd and XYZ Properties Berhad for exchanging two commercial properties in Kuala Lumpur, with completion planned for March 2025 and including provisions for existing tenant arrangements."
1. Parties: Identification and details of the parties exchanging lands, including registration numbers for companies or NRIC for individuals
2. Background: Context of the exchange, brief description of the lands involved, and purpose of the exchange
3. Definitions: Definitions of key terms used throughout the agreement
4. Exchange of Properties: Core terms of the exchange, including clear identification of the lands being exchanged
5. Conditions Precedent: Conditions that must be fulfilled before the exchange can be completed
6. Completion: Timeline and procedures for completing the exchange, including registration requirements
7. Title and Ownership: Warranties and representations regarding ownership and title of the respective lands
8. Vacant Possession: Terms regarding the delivery of vacant possession of the exchanged lands
9. Representations and Warranties: Standard and specific warranties about the properties being exchanged
10. Costs and Stamp Duty: Allocation of costs, including legal fees, stamp duty, and registration fees
11. Notices: Procedures for serving notices under the agreement
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Existing Tenancies: Required if either property has existing tenants or occupiers
2. Special Land Status: Required for Malay Reserve Land or native titles with specific restrictions
3. Planning Permissions: Required if either property requires specific planning permissions or has development restrictions
4. Environmental Matters: Required if there are environmental concerns or obligations relating to either property
5. Agricultural Conditions: Required if either property is subject to agricultural conditions or restrictions
6. Utility Services: Required if there are specific arrangements needed for utility transfers or connections
7. Value Equalization Payment: Required if there is a payment to equalize different property values
8. Existing Charges: Required if either property has existing charges or encumbrances that need addressing
1. Schedule 1 - First Property: Detailed description of the first property including title particulars, lot number, and land area
2. Schedule 2 - Second Property: Detailed description of the second property including title particulars, lot number, and land area
3. Schedule 3 - Encumbrances: List of all existing encumbrances, charges, or restrictions on both properties
4. Schedule 4 - Title Conditions: Express conditions and restrictions in the land titles of both properties
5. Schedule 5 - Form Documents: Prescribed forms required under the National Land Code for the transfer
6. Appendix A - Property Plans: Survey plans and location maps of both properties
7. Appendix B - Title Searches: Recent land searches showing the current status of both properties
8. Appendix C - Completion Documents: List of documents required for completion of the exchange
Authors
Real Estate
Property Development
Agriculture
Industrial
Infrastructure
Mining
Forestry
Urban Planning
Commercial Development
Public Sector
Legal
Real Estate
Property Development
Compliance
Corporate Secretariat
Land Management
Asset Management
Investment
Operations
Planning
Legal Counsel
Property Manager
Real Estate Director
Land Officer
Development Manager
Compliance Officer
Property Development Director
Asset Manager
Land Acquisition Manager
Real Estate Investment Manager
Corporate Secretary
Legal Director
Planning Officer
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