Its Director Datuk Osman Jamal said the department had actually fulfilled its responsibility perfectly in terms of registering the subsidiary titles for both properties and returning it to the developers concerned for further action.
The subsidiary titles for Chanyai Villa had already been registered and returned to its developer at the end of 2004 and for Melinsung Apartments it was registered and returned in February this year, he said in response to the allegations made by certain purchasers of the said properties in the Daily Express Forum pages on July 20 and Aug 17.
Explaining this, he said the department had completed the subsidiary titles for Chanyai Villa units on Feb 11, 2003, and registered it in November 2004, under the name of the property developer Inprofit Development Sdn Bhd.
"So the department has fulfilled its responsibility perfectly by producing the Strata Titles to the developer to do the transfer of title ownership to the 145 villa owners," he told Daily Express.
He said the real issue behind this actually is not delay on the part of the department but the legal firm appointed by the property developer concerned which had made mistakes while transferring the title ownership to the unit owners.
He said during the process of transferring the title ownership to the unit owners according to the Sale and Purchase Agreement, the legal firm concerned had used the property's Development Plan and not the Index Plan and Storey Plan (as it is supposed to be) that have been approved by the department's Director.
"So the problem was caused by the use of the wrong plan during the title ownership transfer process. If the legal firm had used the approved index plan and storey plan, then there should be no problem," he said.
He said the Inprofit Development Sdn Bhd then asked for the department's assistance, through the Kota Kinabalu Assistant Collector of Land Revenue (ACLR), to do a rectification under Section 118 of the State Land Ordinance to change the subsidiary title numbers through a Land Inquiry to be held at Kota Kinabalu Land Office soon.
And after a Rectification Order is issued, the unit owners can get the actual strata title for their respective unit, he added.
As for the Melinsung Apartments, he advised the unit purchasers/owners to talk directly to the property developer because the draft titles for 2,233 lots had already been prepared on March 29, 2011, and registered on Feb 26, this year.
Osman advised all purchasers of apartment and condominium units in Sabah to get information direct from their respective property developer, whether the strata titles are already obtained or not.
"If it is not, then they should contact directly the department for information.
They can talk to Amin Laihi, our officer in charge of subsidiary titles," he said.