A step-by-step guide on how to check if industrial land in Malaysia is affected by caveats or Sekatan Kepentingan using e-Tanah, land office, or title search.
How to Check If Industrial Land Is Under Caveat or Restriction
Before purchasing or developing industrial land in Malaysia, one of the most important due diligence steps is checking if the land is under any caveat or legal restriction-in-interest (Sekatan Kepentingan). These restrictions can delay your transaction, halt your development plans, or even result in legal disputes. This guide explains how to conduct a proper land status search using e-Tanah systems or the manual land office process.
What Is a Caveat?
A caveat is a legal notice entered in the land register to prevent any dealings with the land without notifying the caveator (the person who lodged the caveat). Common caveat types include:
- Private caveat: Lodged by buyers, creditors, or tenants to protect interest
- Registrar’s caveat: Lodged by the Land Office to flag issues like fraud or disputes
- Lender’s caveat: Typically filed by banks or financiers as part of loan security
What Is Sekatan Kepentingan?
Sekatan Kepentingan (Restriction in Interest) refers to limitations imposed on the land title that restrict certain dealings. For example:
- Land cannot be transferred without State Authority consent
- Only Bumiputera buyers are allowed (for certain reserved lands)
- Land can only be used for specific purposes (e.g. agriculture or light industry)
These restrictions are clearly stated in the title document and must be reviewed before purchase.
How to Check Caveat and Restrictions (3 Options)
1. Use the e-Tanah System (Selected States Only)
States like Selangor, Johor, Penang, and Negeri Sembilan allow online land status checks via their e-Tanah portals. Here’s how:
- Go to the respective e-Tanah portal (e.g., etanah.selangor.gov.my)
- Choose "Semakan Cukai" or “Semakan Hakmilik”
- Enter title type (e.g. GRN, PN), title number, lot number, and district
- Submit request to view registered owner, caveats, and restrictions
2. Perform a Manual Land Office Title Search
If the land is in a state not supported by e-Tanah, you can:
- Visit the Pejabat Tanah Daerah (District Land Office)
- Fill out Form A (Permohonan Carian Rasmi)
- Pay a fee (RM30–RM50)
- Obtain the land search results within 1–5 working days
3. Engage a Lawyer or Land Consultant
Lawyers can conduct an official title search on your behalf. This is recommended for high-value deals to ensure legal interpretation of caveats, consents, and encumbrances.
Implications of Buying Land with Caveat or Sekatan
- Delays in SPA signing or loan drawdown
- Transfer of ownership may be blocked
- Need to remove or resolve caveat with caveator
- Special state consent or court order may be required
Buyers should always negotiate for the land to be sold “free from encumbrances, caveats, and restrictions.”
Start Your Search for Agricultural, Industrial, or Land Investment
- Explore Agricultural and Development Land for Sale
- Browse Industrial Properties in Rural Areas
- See Commercial Assets Supporting Agri-Supply Chains
Whether you’re buying land from a developer or private seller, always check for caveats and Sekatan Kepentingan. These hidden land conditions can derail your investment if ignored. Take the time to conduct a proper land search and consult legal professionals to ensure a clean and compliant acquisition process.
