The Lease Agreement For Land Use is a crucial legal instrument in Malaysian property law, designed to facilitate the temporary transfer of land use rights while maintaining the owner's underlying title. This document is essential when a landowner wishes to grant another party the right to use their land for a specified period and purpose, whether for agricultural, commercial, or industrial use. It must comply with the National Land Code 1965, relevant state legislation, and the Contracts Act 1950. The agreement typically includes detailed provisions about the land's permitted use, duration of lease, rental terms, maintenance obligations, and termination conditions. For leases exceeding three years, registration with the land office is mandatory. This document is particularly important in Malaysia's dynamic property market, where land leasing is common in various sectors from agriculture to commercial development.
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1. Parties: Identification of the lessor (landowner) and lessee with full legal names, registration numbers or ID numbers, and addresses
2. Background: Context of the lease arrangement and brief description of the land and intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. Demise: Formal grant of lease, specifying the land being leased and reference to title details
5. Term and Renewal: Duration of the lease, commencement date, and any renewal options
6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and review mechanisms
7. Permitted Use: Specified allowed uses of the land and any restrictions
8. Lessee's Covenants: Obligations and responsibilities of the lessee including maintenance, compliance with laws, and restrictions
9. Lessor's Covenants: Obligations and responsibilities of the lessor including quiet enjoyment and maintenance obligations
10. Insurance: Required insurance coverage and responsibilities
11. Termination: Circumstances and procedures for early termination
12. Assignment and Subletting: Restrictions and conditions for transferring or subletting the lease
13. Governing Law: Specification of Malaysian law as governing law and jurisdiction
14. Execution: Signature blocks and attestation requirements
1. Agricultural Provisions: Special provisions required when the land is used for agricultural purposes
2. Development Rights: Terms regarding construction or development rights if permitted
3. Environmental Obligations: Specific environmental protection requirements and compliance
4. Native Title Considerations: Required for land subject to native title claims or rights
5. Mining Rights: Provisions regarding mineral rights if relevant to the property
6. Third Party Rights: Provisions dealing with existing easements or third-party access rights
7. Force Majeure: Provisions for unforeseen circumstances affecting land use
8. Special Conditions: Any unique terms specific to the particular lease arrangement
1. Schedule 1 - Land Description: Detailed description of the land including lot number, title details, and geographical coordinates
2. Schedule 2 - Site Plan: Plans and drawings showing the leased area and boundaries
3. Schedule 3 - Permitted Use Details: Detailed specifications of allowed activities and use restrictions
4. Schedule 4 - Rent Review Mechanism: Detailed procedure for rent reviews and calculations
5. Schedule 5 - Insurance Requirements: Specific insurance requirements and minimum coverage amounts
6. Schedule 6 - Maintenance Schedule: Detailed maintenance obligations and schedules
7. Appendix A - Required Approvals: List of necessary governmental or regulatory approvals
8. Appendix B - Environmental Requirements: Specific environmental compliance requirements and standards
Relevant legal definitions
Clauses
Relevant Industries
Agriculture
Real Estate
Industrial
Commercial Property
Mining
Forestry
Renewable Energy
Infrastructure Development
Tourism
Retail
Manufacturing
Logistics
Relevant Teams
Legal
Real Estate
Operations
Facilities Management
Property Management
Compliance
Land Administration
Contract Management
Project Development
Risk Management
Relevant Roles
Legal Counsel
Property Manager
Land Administrator
Real Estate Manager
Corporate Lawyer
Operations Director
Facilities Manager
Agriculture Manager
Development Manager
Compliance Officer
Land Surveyor
Contract Administrator
Estate Manager
Project Manager
Site Manager
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