BIE2001: Law of Land Development Tutorial Week 2 Land Disposal and Related Matters - Part 1 Lecturer: Dr. Hasniyati Hamzah

BIE2001: Law of Land Development
TUTORIAL
Week 2 Land Disposal and related matters – Part 1
Lecturer: Dr. Hasniyati Hamzah
Definition of land
1. Give the definition of ‟Land” under Section 5, National Land Code 1965.
Section 5 of the National Land Code (NLC) has defined land as basically includes
not only soil on earth but also all the subjacent (originality) and superjacent
(lyingbelow) things of permanent nature affixed to the earth whether by nature, or
by handof man, things of a physical nature like buildings, fixtures, bridges, water,
trees, cropsand also minerals underneath the land surface. Section 5 also
provides that “Stateland” means all land in the State which includes the bed of any
river, and of theforeshore and bed of the sea; other than alienated land, reserved
land, mining landand any land that relates to forests.
Section 5 of the National Land Code (NLC) states that land includes:
 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.
2. Based in the above definition of Land, state if the following is considered

part of land or otherwise:
a. Oil palm trees in an oil palm
plantation.
Yes
1
b. Oil palm seedlings in the nursery
of an oil palm.
No
c. Bungalow
Yes
d. Fence
Yes
e. Fishing pond (kolam memancing)
Yes
Chattel and Fixtures
3. What is the meaning of Quicquid plantatur solo, solo cedit?

Quicquid plantatur solo, solo cedit means “whatever is affixed to the soil belongs to the soil”.
This principle relates to fixtures and developments on land which can be said to belong to
the owner of the land. Therefore, title to the fixture is a part of the land and passes with title
to the land.
2
4. Give an example of a chattel that can turn into a fixture on land.
Chattel – Printing machine
Fixture – Attached the printing machine to the land by nuts and bots.
5. Briefly explain the two tests that could determine if an object is legally considered
part of the land.
i. Degree of annexati
 An objective test on the physical attachment of the article.
 Raises a prima facie finding of fact by looking at the degree to which an article is
affixed to the land.
 If an object is affixed to the land even slightly —> the presumption is that it is a
fixture.
 If an object is attached to the land by its own weight —> remains a chattel.
 If the removal of the object would result in damage —> the presumption is that it
is a fixture.
 If the removal of the object does not result in damage —> cannot presume that it
is a chattel but to look at the purpose
ii. Purpose of annexation

 The prima facie finding in the Degree Test may be strengthened or rebutted by
the Purpose Test.
 If there is no physical attachment to the land —> the presumption is that it is a
chattel.
 If an object is attached to the land for the better enjoyment of the land as a whole
so as to improve its usefulness and value —>strengthens the presumption that it
is a fixture.
 If an object is attached to the land merely for the more complete enjoyment and
use of the item as a chattel —> rebuts the presumption that it is a fixture.
6. Recently, Paul has sold his land to George. The land measuring 2 acres is under the
category of “Industry” with the express condition “Machinery store”. The land accommodates
an industrial shed to place all heavy machineries that belonged to Paul comprising 5 cranes
dan 5 bulldozers. George assumes that he should get all the heavy machineries together
with the land and building as the heavy machineries should not be separated from the
machinery store.
Advise George if his assumption is correct. Use legal evidence (caselaw or National Land
Code provisions) to support your advice.
3
Power of State Authority
7. Under NLC, who originally owns all the land in Malaysia? Think about your answer
carefully.
State authority. Based on the NLC, State Authority has the power on the property in all State
land, minerals and rock material within the territories of a state. For example, where the
Federal government needs land in a State for matters of national interest, the State
government must use its power to make sure that the Federal government gets the land.
8. A leasehold means that the land has an “expiry date”. Upon the expiry of the lease,
to whom does the land revert to?
State authority
9. Who owns the Orang Asli land? Think about your answer carefully.
State authority

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BIE2001: Law of Land Development

2. Based in the above definition of Land, state if the following is considered

e. Fishing pond (kolam memancing)

Chattel and Fixtures

3. What is the meaning of Quicquid plantatur solo, solo cedit?

ii. Purpose of annexation

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