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Land: Definition jady@ukm.my

Land: Definition jady@ukm.my. The surface of the earth and all substances forming that surface; The earth below the surface and all substances therein;

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Land: Definition jady@ukm.my

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  1. Land: Definitionjady@ukm.my

  2. The surface of the earth and all substances forming that surface; The earth below the surface and all substances therein; All vegetation and other natural products, whether or not requiring the periodical application of labour to their production and whether on or below the surface; All things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and Land covered by water. Meaning of land– s. 5 NLC Alienated Land (Registered Title), Mining Land (Mining Leases), Reserved Land (land reserved for public purpose under section 62 of the NLC), Forest Reserve (Land Gazette under the National Forestry Act 1984) State Land (all land in the state, other than above mentioned). 5 groups of land

  3. Issue 1: whether particular item forms part of the land (fixtures) or remains a chattel • General presumption • Cujusestsolumejusestusque ad coelum et ad inferos: "... whoever owns the soil, holds title all the way up to the heavens and down to the depths of the earth” • Corbett v Hill [1870] LR 671 • Quicquidplantatur solo, solo cedit: whatever is attached to the land becomes part of the land. • Holland v Hodgson (1872) LR 7 CP 328 Blackburn J – ‘affixed even slightly is to be considered part of the land..’ • English Law • Looks to the physical aspect of the annexation • Goh Chong Hin v The Consolidated Malay Rubber Estates Ltd (1924-25) 5 FMSLR 86 • The Shell Co Ltd v Commissioner of Federal Capital KL (1964) 30 MLJ 302 • Socfin Co Ltd v Chairman, Klang Town Council [1964] MLJ 325

  4. Issue 2: whether particular item is a fixture or chattel • physical degree of annexation • Whether the chattel can be easily removed (damage test) • Holland v Hodgson (1872) LR 7 CP 328– machine annexed by bolt and nuts to concrete foundation is fixture. • Whether the extent of annexation is conclusive (decisive test) • Australian Provincial Assurance Co Ltd v Coroneo(1933) 38 SR (NSW) 700 - If a chattel is attached to the land by no more than its weight, prima facie it remains a chattel. Test • objects of its annexation. • Why it was affixed? (enjoyment test) • Socfin Co Ltd – tanks as structures attached for easy loading. • Shell Co – tanks were placed underground permanently. • Mixed question of law and fact (intention both parties) • Onus of proof is on the owner of the equipment. • Material Trading Pte Ltd v DBS Finance Ltd [1988] 2 MLJ 162

  5. Exceptions – whether owner can remove fixtures on land? • Custom • Kiah v Som[1953] MLJ 82 - it is a settle custom that houses (of this type) are regarded as personalty and separated of soil. Unless otherwise provided for in the contract …even if it affixed permanently to the land. • Chargor and Chargee • Wiggins Teape (M) SdnBhd v Bahagia Trading SdnBhd[1980] 2 MLJ 45 – as the land did not belong to the defendant, there was every likelihood that it was affixed thereon as a trade fixtures (chattel), not part of the land and could be removed upon expiry of the lease or tenancy.

  6. Thank you.

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