The Solution of Overlapping Claimed Areas Issue During Process of Issuing Native Customary Rights (NCR) Land Titles

Abstract

This article is related to the Native Customary Rights (NCR) lands in Sarawak which focuses on overlapping claimed areas while issuing NCR land titles. The purpose is to identify the factors of overlapping claimed areas issues during the process of land measurement before issuing the NCR land titles and to examine the solutions to the issues of overlapping claimed areas during the process of land measurement. This article has applied the qualitative approach based on the land administrators' and land surveyors' experiences in solving the overlapping claimed areas issue during the land measurement process. The findings were obtained by conducting semistructured interviews in focus group discussions with the Land and Survey Department in Bintulu. Analysis of the study found that native area lands and native customary lands are frequently involved in the overlapping claimed areas, where four factors are causing the issues as analysed in the literature review and current factors contributed by the land administrators. The focal point of the solutions to the overlapping claimed areas issues is the role of administrators in communication and negotiation with the native people during the dialogue session in disseminating the knowledge of NCR so that the native people can recognize their boundaries accurately. The parties involved must promptly rectify all weaknesses in carrying out the settlement action. It needs to be improved by making improvements that can further strengthen the existing settlement actions more effectively.