1. Is this an issue about LEASEHOLD and FREEHOLD?
No. If your property was purchased as FREEHOLD, it will remain as FREEHOLD. Likewise, if it is LEASEHOLD, there is no way for you to change it to FREEHOLD -- not at least for the moment, unless the laws are changed.
The reason for the confusion is because of different words used in Malay by different people which are inconsistent. Hakmilik Kekal = Freehold Title.
In Taman Kepong case, it is more like "Hakmilik Sementara" and "Hakmilik Akhir" or "Hakmilik Tetap." "Akhir" to mean "Final Title" and "Tetap" because compared to the world "Sementara", this is a more "Permanent" title.
Whatever it is, the issue is not about Freehold and Leasehold.
2. What is Qualified Title (Hakmilik Sementara)? Why still QUALIFIED TITLE after 40 years since Taman Kepong was developed? Why is the word SEMENTARA used?
The word that you see on your land title now is HAKMILIK SEMENTARA. As explained by Dr Tan Seng Giaw in the first press conference, this is QUALIFIED TITLE.
A number of residents are still worried that their properties may be taken back by the Government. Please bear in mind that this is not a squatters' issue. The ownership of the land is not the issue.
If you ask me, based on the information that we are now getting from the Land Office, the developer had, in fact, submitted the survey and mapping for 524 houses in Phase One. These files were with the Mapping & Survey Department (JUPEM) for as long since the developer had conducted the survey. At this stage, the only work that needs to be done by JUPEM is to convert from Imperial to Metric System, so that all measurements are now in square metre.
For another 600 houses and shops in Phase Two, it is likely that the developer had failed to carry out the survey, which is why Phase Two houseowners are now in limbo. JUPEM has to carry out the necessary surveys before handing over the files to the Land Office. Thereafter, it may take approximately one month to complete the registration of the title. You will then be issued the final title.
The files were not handed over to the FT Land & Mines Office; hence, the Land Office can only issue a Qualified Title, which translated means "Hakmilik Sementara".
The word "sementara" used can be quite confusing to housebuyers. To put in other words, it could literally mean "Title in Transition" awaiting survey before the final title is issued. The idea of "temporarily" residing on the property that you purchase and awaiting to be chased away when the Government decides to develop Taman Kepong does not exist.
Whatever the case, residents say that they were issued the Qualified Title (Hakmilik Sementara) back in 1993. After seven years, there is no reason why JUPEM is unable to carry out the necessary survey and mapping of the area. If it has failed to do so, why? This is a serious issue, and it is urgent that the matter should be addressed by the relevant ministries.
Residents can also contact JUPEM and ask about the status of their properties:
Jabatan Ukur dan Pemetaan W.P. Kuala Lumpur,
Tingkat 3 & 4 Wisma Tanah,
Jalan Semarak,
50574 Kuala Lumpur,
Pengarah : Md. Zaki bin Ad. Wahid
No. Tel :03-26170800
Faks :03-26938740
Email : zaki@juwpkl.gov.my
Waktu Perkhidmatan: 7.30 pagi to 5.30 petang (Isnin hingga Jumaat, kecuali Sabtu, Ahad dan Cuti-cuti Umum)
Residents do not want Hakmilik Sementara. Anyone in the right mind who owns a property would want it to be a final title instead of one which is still in transition.
3. Can you sell your property if you are holding a Qualified Title (Hakmilik Sementara)?
Of course!
4. What are the roads in Phase One and Phase Two?
If you read the letter from Dr Tan Seng Giaw and the response from the FT Land and Mines Office, there is no definite answer as yet. They have only given us figures to indicate that there are 524 houses / shops in Phase One, and another 600 houses/shops in Phase Two.
We are just assuming that Phase One is the area around Jalan 1 - 10, including Jalan Development and Jalan Taman Kepong. Why?
(a) Many of us who have lived in Taman Kepong know that this was the area that was developed in the sixties. Back then, the factory area including what is now known as Jalan Kuang Tengah etc were rubber estates. As a child (probably six or seven years old) going out there with my uncle to hunt for birds, I still remember seeing a red parrot flying across. The argument is: there is no reason to call the area developed much later as Phase One.
(a) Many of us who have lived in Taman Kepong know that this was the area that was developed in the sixties. Back then, the factory area including what is now known as Jalan Kuang Tengah etc were rubber estates. As a child (probably six or seven years old) going out there with my uncle to hunt for birds, I still remember seeing a red parrot flying across. The argument is: there is no reason to call the area developed much later as Phase One.
(b) The 21 houses /shops listed in letter by FT Land and Mines Office dated 11 Jan 2011 are all within this area.
(c) It is only logical for the developer to submit the survey for Phase One houses which were completed in the sixties before proceeding with the Phase Two houses. But then again, anything is possible in this country. It could also mean that after certain laws were passed, the developer conducted the survey for the newer area but neglected properties he had developed much earlier before the law was passed.
WHATEVER it is, our suggestion is for residents not to worry whether they are in Phase One or Phase Two. This is the question we will only ask when we see there is a slowdown in the progress at either JUPEM or Land Office.
5. What is the next course of action?
Currently, only residents of Jalan 1-10 are represented. There are no representatives from the other roads and we do not know the real situation with their titles. None of them have volunteered to serve in the committee to represent their own street. We need these volunteers to do two things:
(a) to inform the residents living on their own streets whenever there is a meeting
(b) to meet up with the officials at JUPEM to show them that Phsase Two residents are concerned about the issue of land title.
A meeting is being organised by the Taman Kepong Action Group on January 23 afternoon at the Pemadam Office. It is likely that, thereafter, representatives from Phase Two will accompany Dr Tan Seng Giaw to meet officials at JUPEM to see how this issue can be resolved and the survey job can be expedited.
6. Increase in Quit Rent? What is this all about?
No, JUPEM is not saying that your quit rent will be raised. However, what it is saying is:
The final survey will be done by the Survey and Mapping Department. If the land area of your property shows the discrepancy of more that 10% of the total land area, your quit rent will be adjusted.
Assuming you are now paying RM50 for your Quit Rent. You will have to check with the Land Office how they will revise your quit rent. We are only assuming that they will go on a purate basis. That means it will be 10% of RM50, which means that from now on, your quit rent will be RM55. If I were in your position, I would be happy to pay the additional quit rent. For some reason the property that I purchased was supposed to be only 22 feet by 80 feet. Now, my property is going to worth more because by mistake the developer had given me 26 feet x 80 feet. This can be a very strong selling point, so what is the additional quit rent that you have to pay?