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Land Exchange Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Land Exchange Agreement is a specialized legal instrument used in Malaysia when two or more parties wish to exchange ownership of their respective lands. This document is particularly useful in scenarios involving land consolidation, strategic property positioning, or development planning. It must comply with the National Land Code 1965, relevant state land rules, and other applicable Malaysian legislation. The agreement becomes necessary when parties prefer a direct exchange of properties rather than separate sale and purchase transactions. It includes comprehensive details about the properties being exchanged, ensures proper title transfer procedures are followed, and addresses specific Malaysian legal requirements such as state authority consent, registration procedures, and special provisions for different land categories. The document is crucial for maintaining clear title records and ensuring smooth property transitions within Malaysia's unique land law system.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































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Relevant Industries

Real Estate

Property Development

Agriculture

Industrial

Infrastructure

Mining

Forestry

Urban Planning

Commercial Development

Public Sector

Relevant Teams

Legal

Real Estate

Property Development

Compliance

Corporate Secretariat

Land Management

Asset Management

Investment

Operations

Planning

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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