Temporary Land Use Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for temporary use of land. This document outlines the rights and obligations of both the landowner and temporary user, including specific permitted uses, duration, payment terms, and conditions for land restoration. It incorporates requirements from the National Land Code 1965 and other relevant Malaysian legislation, ensuring compliance with local land use regulations and temporary occupation requirements. The agreement provides protection for both parties while maintaining the temporary nature of the arrangement and preserving the landowner's long-term rights.

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What is a Temporary Land Use Agreement?

The Temporary Land Use Agreement is a crucial document for situations requiring short-term or temporary occupation of land in Malaysia. It is commonly used for temporary installations, events, construction staging, or other short-term land uses where full lease or ownership transfer is not desired or necessary. The agreement must comply with Malaysian law, particularly the National Land Code 1965 and local authority requirements. It typically includes detailed specifications of the permitted use, duration, payment terms, and restoration requirements. This document type is essential for protecting both the landowner's and temporary user's interests while ensuring clear documentation of rights, responsibilities, and limitations during the temporary use period. The agreement should be carefully drafted to address specific local requirements and include all necessary approvals and permits.

What sections should be included in a Temporary Land Use Agreement?

1. Parties: Identification of the landowner and temporary user, including full legal names, registration numbers for companies, and addresses

2. Background: Context of the agreement, including brief description of the land and purpose of temporary use

3. Definitions: Key terms used throughout the agreement, including 'Land', 'Permitted Use', 'Term', etc.

4. Grant of Temporary Use: Explicit grant of temporary use rights and specification of the land area covered

5. Term and Termination: Duration of the temporary use, commencement date, expiry date, and termination provisions

6. Permitted Use: Detailed specification of allowed activities and uses of the land

7. Fee and Payment Terms: Amount, payment schedule, and method of payment for the temporary use

8. User's Obligations: Responsibilities of the temporary user including maintenance, compliance with laws, etc.

9. Owner's Obligations: Responsibilities of the landowner including access, maintenance of essential services, etc.

10. Insurance and Liability: Insurance requirements and allocation of risks between parties

11. Return of Land: Conditions for returning the land, including state of repair and removal of installations

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Temporary Land Use Agreement?

1. Development Rights: Include when temporary user is permitted to make specific improvements or modifications to the land

2. Environmental Obligations: Include when the land use involves environmental risks or requires specific environmental protections

3. Subletting and Assignment: Include when the temporary user may need to sublet or assign rights to others

4. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

5. Security Deposit: Include when a security deposit is required from the temporary user

6. Utilities and Services: Include when specific arrangements for utilities need to be detailed

7. Access Rights: Include when specific provisions about access to the land by owner or third parties are needed

What schedules should be included in a Temporary Land Use Agreement?

1. Schedule 1 - Land Description: Detailed description of the land including lot number, title details, and site plan

2. Schedule 2 - Permitted Use Details: Detailed description of permitted activities, including any restrictions or conditions

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment dates, and calculation methods

4. Schedule 4 - Site Condition Report: Documentation of land condition at commencement, including photographs and descriptions

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts

6. Appendix A - Site Plan: Detailed plan showing the temporary use area, access points, and any restricted areas

7. Appendix B - Required Permits: List of required permits and approvals for the temporary use

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Use Agreement

Cost

Free to use

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