Sir W.E. Maxwell and his anticipated modernity: torrens system and its influence in a land code system in Malaysia

Abstract

Despite many of its oppositions and controversial issues that were raised by other British Residents (by Sir Frank Swettenham, especially) and Malay Rulers alike when it was first introduced into the Federated and Unfederated Malay States in 1897, the Torrens system continues to show its impact on the way the land regulations and enactments are administered until the present day Malaysia. For examples, whilst a certain form of uniformity of law and consistent land administration procedures were attained in the four Federated Malay States, the position in the other five Unfederated Malay States still lagged behind in near disarray. Thus, Johor had its Land Enactment of 1910, Kedah had its Land Enactment of 1906, amended in 1912 and the Concession Enactment of 1909, Kelantan and Terengganu had their own respective Land Enactment of 1939. In this paper, we wish to argue that some of the Torrens systems or principles introduced by Sir W.E. Maxwell could still be used and would continue to be useful till the present era, making it to be one of the most interesting colonial legacies especially in relation to the modernization of our land code system.