Native Customary Rights (NCR) Land in Sabah Explained

What are native customary rights to land in Sabah?

Section 15 of the Land Ordinance (Cap. 68) says native customary rights "shall be held to be":

1. land possessed by customary tenure;
2. land planted with fruit trees, when the number of fruit trees amounts to fifty and upwards to each hectare;
3. isolated fruit trees, and sago, rotan, or other plants of economic value, that the claimant can prove to the satisfaction of the Collector were planted or upkept and regularly enjoyed by him as his personal property;
4. grazing land that the claimant agrees to keep stocked with a sufficient number of cattle or horses to keep down the undergrowth;
5. land that has been cultivated or built on within three years;
6. burial grounds or shrines;
7. usual rights of way for men or animals from rivers, roads, or houses to any or all of the above.

Source: Land Ordinance (Cap. 68), section 15, reference text published by the Sabah State Attorney-General's Chambers (December 2025). This page explains the law in general terms and is not legal advice.

Who decides an NCR claim?

Under section 14, claims to native customary rights "shall be taken down in writing by the headman or by the Collector, and shall be decided by the Collector". A Collector is a Collector of Land Revenue or an Assistant Collector; under section 47 they are appointed by the Minister alongside the Director of Lands and Surveys, and the Lands and Surveys Department (Jabatan Tanah dan Ukur Sabah) lists among its functions surveying land applications, "particularly customary rights", holding land enquiries to resolve disputes, and preparing and registering new titles. Separately, when a native applies to correct the land register on the basis of an alleged native custom, section 118(4) says the Collector refers the matter to the Native Court.

If the rights are established, section 16 says they are dealt with either by money compensation or by a grant of the land, in which case a title is issued.

What is a communal title?

Section 76 allows the Minister to sanction a communal native title for land that is held "for the common use and benefit of natives" and not assigned to any individual. The title is issued in the name of the Collector as trustee for the natives concerned, "without power of sale". Under section 77, a communal title can later be sub-divided and assigned to individual owners, who then receive native titles in their own names.

How much NCR land has been surveyed and titled?

The backlog figure covers all land applications, not only native claims. The Chief Minister credited digitalisation and the PANTAS programme. Status as of September 2026: we have not found published figures for 2025 results against the 2025 survey target.

What does the 13th Malaysia Plan promise Anak Negeri Sabah?

RMK13 reports that the mean household income of Anak Negeri Sabah rose from RM5,087 in 2019 to RM5,836 in 2024, and that 3,067 people were trained in handicraft production under the Anak Negeri Sabah Special Programme.

Under Strategy B4.3, for 2026 to 2030, it promises:

• talent empowerment, and better infrastructure and basic amenities;
• NCR land survey, gazettement and issuance of titles;
• commercial premises and access to financing to expand business opportunities;
• an integrated economic framework and action plan at state level for Anak Negeri Sabah and Bumiputera Sarawak;
• better coordination between federal and state agencies.

See what the 13th Malaysia Plan promises Sabah for the rest of the plan.

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