Scribd Logo
Upload

Welcome to Scribd!

  • 12 views

    Definition of Land

    Uploaded by

    Ammar Mustaqim
    This document discusses the legal definition of land and fixtures. It begins by defining land under the National Land Code to include the earth's surface and subsurface, all vegetation and products on or below the surface, and all things permanently attached to or fastened to the earth. It then examines the English common law test for determining if an item is a fixture through degree of annexation. The purpose and applicability of this test in Malaysia is also discussed. Finally, the importance of defining what constitutes land is outlined to determine rights during property sales and mortgages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Definition of Land

    Uploaded by

    Ammar Mustaqim
    12 views8 pages
    This document discusses the legal definition of land and fixtures. It begins by defining land under the National Land Code to include the earth's surface and subsurface, all vegetation and products on or below the surface, and all things permanently attached to or fastened to the earth. It then examines the English common law test for determining if an item is a fixture through degree of annexation. The purpose and applicability of this test in Malaysia is also discussed. Finally, the importance of defining what constitutes land is outlined to determine rights during property sales and mortgages.

    Original Description:

    kk

    Original Title

    2

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the legal definition of land and fixtures. It begins by defining land under the National Land Code to include the earth's surface and subsurface, all vegetation and products on or below the surface, and all things permanently attached to or fastened to the earth. It then examines the English common law test for determining if an item is a fixture through degree of annexation. The purpose and applicability of this test in Malaysia is also discussed. Finally, the importance of defining what constitutes land is outlined to determine rights during property sales and mortgages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    12 views8 pages

    Definition of Land

    Uploaded by

    Ammar Mustaqim
    This document discusses the legal definition of land and fixtures. It begins by defining land under the National Land Code to include the earth's surface and subsurface, all vegetation and products on or below the surface, and all things permanently attached to or fastened to the earth. It then examines the English common law test for determining if an item is a fixture through degree of annexation. The purpose and applicability of this test in Malaysia is also discussed. Finally, the importance of defining what constitutes land is outlined to determine rights during property sales and mortgages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 8

    DEFINITION OF LAND

    What is covered
    1. Definition of „land‟ under NLC
    2. English Law of Fixtures: Holland v Hodgson
    3. Degree of Annexation Test
    4. Purpose of Annexation Test
    5. Applicability in Malaysia: Goh Chong Hin v Consolidated
    Malay Rubber Estate
    6. Effect of a Retention of Title clause
    7. Exceptions to the law of fixtures
    Definition of ‘land’ under NLC
    • S 5 NLC:
    Land includes:
    a) The surface of the earth and all substances forming that
    surface;
    b) The earth below the surface and all substances therein;
    c) 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;
    d) All things attached to the earth or permanently fastened to
    anything attached to the earth, whether on or below the surface;
    and
    e) Land covered by water.
    • 1st limb
    • (d) all things attached to the earth or permanently
    fastened to anything attached to the earth, whether on or
    below the surface;
    • 2nd limb
    • (d) all things attached to the earth or permanently
    fastened to anything attached to the earth, whether on
    or below the surface;

    • whether on or below the surface

    Importance of defining what constitutes


    land
    1. To determine the right of a purchaser on certain items in
    a sale and purchase transaction of a piece of land.
    Example
    • Mr A is the registered proprietor of a piece of land with a
    house built on it. He wishes to sell the land to Mr B. Who
    has the right over all the items attached to the house on the
    land?
    2. To determine the right of chargee banks over the land
    charged to them as security.
    Example
    • Mr A is the registered owner of a piece of land. He applies
    for loan from a bank. As security for the loan, he charges
    the land to the bank. Therefore, if Mr A defaults in payment,
    the bank can sell the land. Who has the right over all the
    items attached to the house on the land?
    Legal maxim on fixtures
    • Quicquid plantatur solo, solo cedit
    • "whatever is affixed to the soil belongs to the soil”
    • This legal principle means that something that is or
    becomes affixed to the land becomes part of the land;
    therefore, title to the fixture is a part of and passes with title
    to the land and consequently whosoever owns that piece
    of land will also own the things attached.
    Fixtures and Chattels
    FIXTURE CHATTEL
    • a fixture is an item • a chattel is an item
    that is attached to even if attached to
    the land and the land, it is
    immovable. removable.
    • shall form part of • shall not form part of
    land land

    You might also like