Rights Over the NCR Land
Native Customary Rights (NCR) land disputes are a common issue in Sarawak and Sabah. For many local communities, NCR land is not just property but a part of their heritage, livelihood, and identity. Unfortunately, disagreements over ownership, boundaries, or development often arise. These disputes can be complex and emotionally charged, but with the right legal guidance, you can protect your rights and find a solution.
Q: What is NCR Land?
A: NCR land refers to land that has been occupied and used by indigenous people for generations, often for farming or housing, even without formal title deeds. Under Sarawak and Sabah law, these rights are recognized, but conflicts can arise when the government or developers claim the land for projects.
Q: Why Do Disputes Happen?
A: Disputes can occur for several reasons:
• Government land claims: The government may claim NCR land for development, logging, or other projects, often without proper consultation with local communities.
• Boundary issues: Different families or communities might disagree on where the boundaries of NCR land lie.
• Lack of documentation: NCR land is usually not formally surveyed or titled, making it harder to prove ownership in court.
• Third-party interests: Developers or corporations may seek to use NCR land for plantations, mining, or other ventures, leading to conflicts with native landowners.
Q: How do I know if I have NCR rights over my land?
A: NCR rights are generally based on long-term occupation and use by your family or community, even if there is no formal title. If your family has farmed, lived on, or used the land for at least three generations, you may have NCR rights.
Q: Can I lose my NCR land?
A: Yes, it’s possible, especially if the government or developers claim it for projects. However, with proper legal representation, you can challenge these claims and potentially stop the loss or get compensation.
Q: What evidence do I need to prove my NCR claim?
A: You’ll need to provide proof that your family has been using the land for generations. This could include witness statements, old maps, aerial photographs, and other historical records.
Q: Do I need a title deed to prove ownership of NCR land?
A: No, NCR land is usually not titled. However, proving continuous use and occupation of the land by your ancestors can help establish your rights.
Q: Can I sell or transfer NCR land?
A: NCR land cannot be sold or transferred to non-natives, but it can be passed down within your family. A lawyer can advise you on how to legally pass NCR land to your children or other relatives.
Q: What should I do if the government or a company wants to take my NCR land?
A: Immediately consult a lawyer. You may have the right to challenge their claim or negotiate compensation for the loss of your land. A lawyer can help you understand your options.
Q: How long does it take to resolve an NCR land dispute?
A: NCR land disputes can take years to resolve, especially if they go to court. However, with proper legal advice and representation, you can improve your chances of a favorable outcome.
Q: Can I get compensation if my NCR land has been taken?
A: Yes, if the government or a company takes your land, you may be entitled to compensation. A lawyer can help you negotiate or take legal action to ensure you receive what you’re owed.
If you have any questions or require any additional information or clarification, please contact our lawyer that you usually deal with.