P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!

1. Definition of Land & Law of Fixtures
I. Natural rights
A. conferred to a proprietor of any type of land are governed in Section
44.
B. Natural right here means it is not necessary for the proprietor to
seek for permission to use the land and he can take actions against
trespassers
C. S44 NLC :
1. Rights to use of enjoyment of air space, support of land in its natural state
by adjacent lands and right of access are subjected to other provisions of
NLC and other written law (Civil Aviation Act, Customs Act etc
II. Definition of “land”
S5(a) surface of earth and all substances forming that surface
S5(b) the earth below the surface and all substances therein
S5(c) all vegetation and other natural products
S5(d) all things attached to earth/fastened permanently
S5(e) land covered by water
A. MBf Finance Bhd v Global Pacific Textile Industries Sdn Bhd
1. Held: Definition of land in s5(d) can be contracted out by parties
III. Law of Fixture (Rule and Exceptions)
B. Concept of fixture
1. In order to determine the ownership of land, it is important to identify
what constitutes fixture because land has been defined has been defines
to include things attach to it

2. 2. Quic quid platatur solo, solo cedit : whatever attached to land ecomes
part of the land
3. Fixture is chattel which is so affixed to land / to building on land as to
become in fact part of building or land thereof.
4. If something is found to be fixture, it will pass together with the
ownership
5. Minshall v Lloyd : General rule is whatever is attached to soil becomes
part of soil.
i. In this case, engines have been part affixed in substantial manner
to the land soit is a fixture
C. Test to distinguish fixture and chattel
1. Test in Australian Provincial Assurance Co Ltd v Coroneo
i. Fixture
 is fixed to land by any means other than its own weight,
and
 the intention of parties is that the fixture shall remain in
position permanently or for indefinite or substantial
period/ temporary.
2. Degree of annexation (damage test)
i. Whether the chattel can easily be removed without injury to
oneself or to the premise
ii. Damage could be physical or conceptual (doors being removed
from house)
which raises prima facie finding of fact by looking at degree of affixation
of an article to land [even slightly attached rebuttable presumption that it
is part of land, article attached by own weight not part of land but chattel]
 even though article affixed by bolts and screws can be considered
as part of land if it is used to enhance value of premise

3. 3. purpose of annexation tests [not motive but consideration of purpose
of annexation]
i. This test will strengthen or rebut the degree of annexation,
strengthen if its for better enjoyment (enjoyment test)
ii. Socfin Co Ltd v Chairman, Klang Town Council (Fixture)
a. Network of pipe lines is connected to tanks. Pipes joined
together with nuts and bolts and can be disconnected from
tank and taken away in lengths. Whether storage tanks are
structures connected with platforms and pillars.
b. Held: since the tank was situated there for the purpose of
better enjoyment as it ease the loading of the company’s oil
on ships, thus it was a fixture.
iii. Goh Chong Hin v The Consolidated Malay Rubber Estates Ltd
a. Machinery was annexed by bolts and nuts to concrete
foundations sunk in soil. Fixture & enhance value and utility
of rubber estate land.
b. if for better enjoyment of land so as to improve its value
and usefulness will strengthen the presumption of fixture
unless stated otherwise, fixtures passed to a new owner
iv. The Shell Co v Commissioner of Federal Capital of KL
a. Tanks buried 2 feet below ground level and are turfed over
with concrete or macadam. Tanks are embedded in earth.
Tanks when placed underground were intended to remain
in situ so long as filling stations continue in operation.
Fixture.
IV. Exceptions to law of fixture
A. Exceptions to the general rule in the law of fixtures
1. Concept: general rule will be inapplicable

4. 2. MBF Finance v Global Pacific Textile Industries
Facts  Dyeing machines were installed in the factory temporarily, their removal would
not occasion a material injury
 The annexing of the machine was not intended to be permanent and never
intended to deprive P’s title
Held  If there is clear provision regarding the nature of the fixture and such provision
has clearly specified the limitations imposed on the ownership, then the test is
inapplicable
B. Exceptions under common law
C. Exceptions under custom
1. Re Tiambi bte Ma’amin
i. Malay house by custom movable property. Malay house is built
upon brick piers or pillars with foundations let into soil. Custom
that Malays frequently remove their houses from one place to
another. House is chattel.
2. Kiah bte Hanapiah v Som bte Hanapiah
i. Wooden house are regardedas personality in which ownership
maybe separate from ownership of soil.