Release Date : 16 February 2011

This Department’s attention has been drawn to recent media reports of a company entering into an unofficial agreement with villagers from Lundu, Kuching, to develop untitled land which is state land.

The Department wishes to emphasise that under section 44 of the Sarawak Land Code, no recognition will be given to any transaction or dealings involving state land that is not carried out in accordance with the provisions of the Code. The Government also does not recognise any purported rights and interests claimed by any person as a result of such transaction which merely ‘creates something out of nothing’.

The public is strongly advised to contact this Department to verify and confirm claims relating to native customary rights (NCR) to land before entering into any agreement with claimants of such rights. This Department has all the relevant records and data for the proper verification of claims to native rights or ownership over land. Such official verification would enable those who wish to deal with or involved in transaction with persons claiming to have NCR to have accurate information on the status of the land, and to avoid subsequent disputes and monetary losses should the NCR claims transpired to be false and cannot be legally recognised under the Land Code.

Members of the public who are offered or induced to enter into transactions involving State land should not readily accept any assurance that the Government would issue title should they enter into such transactions even without undertaking proper verification on the status of the land with this Department.

Finally, it must be stressed that this Department only recognises the rights or claims over State land if they were created in accordance with the relevant laws of the State including laws and Rajah Orders which were in force immediately before 1 January 1958.