Land: Definition

Land: Definitionjady@ukm.myMeaning of land s. 5 NLCThe 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.5 groups of landAlienated 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).

Issue 1: whether particular item forms part of the land (fixtures) or remains a chattelGeneral presumptionCujus est solum ejus est usque 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 671Quicquid plantatur 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 annexationGoh Chong Hin v The Consolidated Malay Rubber Estates Ltd (1924-25) 5 FMSLR 86The Shell Co Ltd v Commissioner of Federal Capital KL (1964) 30 MLJ 302Socfin Co Ltd v Chairman, Klang Town Council [1964] MLJ 325

Issue 2: whether particular item is a fixture or chattelphysical 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.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.

Test 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.

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

Exceptions whether owner can remove fixtures on land?CustomKiah v Som [1953] MLJ 82 - it is a settle custom that houses (of this type) are regarded as personalty and separated of soil.

Chargor and ChargeeWiggins Teape (M) Sdn Bhd v Bahagia Trading Sdn Bhd [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.

Unless otherwise provided for in the contract even if it affixed permanently to the land. Thank you.