How will individual native titles protect Sabah land owners?

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Individual Native Titles Will Safeguard Sabah Landowners Through Restricted Transferability and Management

Individual native titles will be implemented to protect Sabah land owners by restricting the ability to charge, transfer, or assign land to new parties, with the sole exception being the owner's children. Furthermore, these titles cannot be managed or transferred through a power-of-attorney, measures designed to prevent complications and safeguard the landowner's rights. This initiative aims to replace the controversial communal land titles, a move promised in the Parti Warisan Sabah election manifesto and slated for implementation soon.
Restrictions on Transfer and Assignment

A key protection mechanism for individual native titles is the prohibition against charging, transferring, or assigning the land to any party other than the registered owner's children. This ensures that ancestral land remains within the family lineage and prevents it from being sold or passed to external individuals. The previous system of communal titles had faced issues where land was essentially diluted to beneficiary status, a situation this new framework seeks to rectify.
Prohibition of Power-of-Attorney

To further secure land ownership, individual native titles will not be transferable or manageable through a power-of-attorney. This measure addresses past complications that arose, particularly upon the title holder's passing, where such arrangements led to disputes or unintended transfers. By disallowing power-of-attorney, the system aims to ensure direct control and clear succession for the landowner.
Protection Against Dilution of Rights

The introduction of individual native titles is intended to address the dissatisfaction arising from communal titles, where approximately 51 out of 96 issued communal titles were placed under joint ventures with state and private companies. This often resulted in native customary rights being diluted to mere beneficiary status. While joint ventures can still occur under the new system, they will be subject to re-negotiated terms and conditions, ensuring greater protection for the original land rights holders.
Ensuring Land Belongs to the People

The Chief Minister, Datuk Seri Mohd Shafie Apdal, stated that the move to individual native titles is necessary because native land fundamentally belongs to the people, who should retain clear rights to it. This policy aims to benefit the populace by ensuring those who are deserving receive their ancestral land, addressing long-standing applications that have been pending for over 20 years. The transition will involve issuing individual titles to existing communal title holders.

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How will individual native titles protect Sabah land owners?

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