WHAT IS INDIVIDUAL TITLE AND STRATA TITLE?
An individual title is for a property which has its own land and this usually means that the land itself is owned by the proprietor. Strata titles are generally for properties in a multi-storey building and this usually means that the land belongs to the proprietors from the time of the multi-storey building.
Whilst properties which have their own land will be issued with individual titles, the owner of a unit in a multi-storey building (e.g. apartment, flat, condominium, townhouse, office or even shoplot) will have their right of ownership of the unit they purchased. Every owner will have their share of the land/building which is stated as Unit Share in their Strata Title when issued based on the built-up size of their unit.
To obtain a strata title would take quite a while – years. Before the title is issued, the one owning the property is able to sell and has rights to the property.
To sell, Form 14A in the Malaysian National Land Code is needed.
As for the legal charge of the property with individual title by the owner to his financier Form 16A is applicable. Both the transfer and the charge will involve the land office and the instruments must be presented to the land office for registration.
A deed of assignment is required to purchase a property or to provide security for loan, for example, if the deal is a sub-sale, or to give security for a loan. This will transfer the rights, interests and title to the owner’s financier. When the strata title is issued, the person who owns the property is able to use the property like how it is used for an individual title.