Section 9
of Land Code
Section 9
(1)
Every title by entry in the Register shall vest in the person named therein a surface right only to the land specified therein and such person shall have a permanent transmissible and transferable estate, interest and occupan-cy of his land subject to the provisions of this Act or such lesser estate as shall be specified in the entry.
(2)
There shall be implied in the absence of any ex-press provision to the contrary in every such title issued under section 3 or 6 of this Code the following reservations to the Government, that is to say-
(a)
the right to all minerals and mineral pro-ducts (including mineral oil) contained within lands alienated after the commencement of this
Code, and all necessary facilities for exercising such right, on payment of compensation of actual damage;
(b)
the right to resume for public purposes such portions of the land as His Majesty in Council may determine on payment of compensation;
(c)
the right to remove earth, clay, gravel, sand, stone or any other material which may at any time be required for the roads, public buildings or other public purposes of Brunei without compensation save for actual damage done to growing crops, fruit trees, or buildings;
(d)
the right to control all water courses for irrigation, navigation and mining or industrial pur-poses and for all purposes of general utility.
(e)
the right for the Government, its servants or agents, to make a road upon and over land alien-
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Conditions on which land shall be held
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Land Code ated after the 1st day of July 1955 and to cross and recross such lands on such road on foot or in car-riage with or without animals and with or without vehicles of any size or description whatsoever, and to construct and take under upon or over such lands pipelines and telegraph and telephone lines, posts and wires, and to do all things necessary for the carrying out of such making, construction or taking provided that in respect of any one title only one strip of land no more than 150 links wide at any point may be used, and provided further that reasonable compensation be paid by the Govern-ment to the registered owner for any damage done to crops or the surface of the land by any exercise of the said right; and
(3)
In the absence of any express provision to the contrary the person named in any such title shall have no right to remove beyond the boundaries of the land specified therein any of the articles enumerated in section 31 (iv) of the Code.
( 4) It shall be a condition in the absence of express provision to the contrary that all land held by entry in the
Register shall be used solely for agricultural purposes, and that the Government may on giving 2 months notice resume any land not so used for a period of one year or used for any period for any other purposes:
Provided that a condition that a minimum number of or quantity of certain crop or certain crops shall be grown shall not be such an express provision to the contrary.
(5)
Any title issued under section 3 or 6 of this Code may be issued subject to any special conditions which may be entered in the Register and in the case of default in any of such conditions the Land Office may, on behalf of His
Majesty, re-enter upon the land specified in the title and
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Land Code resume the whole or any portion thereof in respect of which default has been made:
Provided that no re-entry shall be made in respect of any default which may be capable of being made good unless reasonable notice shall have been given of such intention to re-enter and such default shall have continued during such reasonable period as may have been limited in such notice.