This document discusses the concept of fixtures under Malaysian law, as defined by judges in key cases. It defines fixtures as anything attached to land, making it immovable and part of the land. The document examines two tests from an English case - degree and purpose of annexation - to determine if machinery is a fixture. It summarizes several Malaysian cases that applied these principles to determine if various structures and equipment were fixtures or movable property. The general principle is that fixtures are considered part of the land, unless shown to be intended as temporary or there is custom treating them as movable property.
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
Right to support of land in its natural state
LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
Right to support of land in its natural state
Fiduciary duty can be applied in many professionals such as investment agents in the bank and also importantly, the operator of an exploited and explored oil and gas field.
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
Case 5.6Kelo v City of New London545 U.S. 469 (2005)Ye.docxannandleola
Case 5.6
Kelo v City of New London
545 U.S. 469 (2005)
Yes, Actually, They Can Take That Away From You
Facts
In 1978, the city of New London, Connecticut, undertook a redevelopment plan for purposes of creating a redeveloped area in and around the existing park at Fort Trumbull. The plan sought to develop the related ambience a state park should have, including the absence of pink cottages and other architecturally eclectic homes. Part of the redevelopment plan was the city’s deal with Pfizer Corporation for the location of its research facility in the area. The preface to the city’s development plan included the following statement of goals and purpose:
To create a development that would complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city’s waterfront, and eventually “build momentum” for the revitalization of the rest of the city, including its downtown area.
The affected property owners, including Susette Kelo, live in homes and cottages (15 total) located in and around other existing structures that would be permitted to stay in the area designated for the proposed new structures (under the city’s economic development plan) that would be placed there primarily by private land developers and corporations. The city was assisted by a private, nonprofit corporation, the New London Development Corporation (NLDC), in the development of the economic plan and piloting it through the various governmental processes, including that of city council approval. The central focus of the plan was getting Pfizer to the Fort Trumbull area (where the homeowners and their properties were located) with the hope of a resulting economic boost that such a major corporate employer can bring to an area.
Kelo and the other landowners whose homes would be razed to make room for Pfizer and the accompanying and resulting economic development plan filed suit challenging New London’s legal authority to take their homes. The trial court issued an injunction preventing New London from taking certain of the properties but allowing others to be taken. The appellate court found for New London on all the claims, and the landowners (petitioners) appealed.
Judicial Opinion
STEVENS, Justice Two polar propositions are perfectly clear. On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation. On the other hand, it is equally clear that a State may transfer property from one private party to another if future “use by the public” is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example. Neither of these propositions, however, determines the disposition of this case.
The disposition of this case therefore turns on the question whether the City’s development plan serves a “public purpos.
Case 5.6Kelo v City of New London545 U.S. 469 (2005)Ye.docxjasoninnes20
Case 5.6
Kelo v City of New London
545 U.S. 469 (2005)
Yes, Actually, They Can Take That Away From You
Facts
In 1978, the city of New London, Connecticut, undertook a redevelopment plan for purposes of creating a redeveloped area in and around the existing park at Fort Trumbull. The plan sought to develop the related ambience a state park should have, including the absence of pink cottages and other architecturally eclectic homes. Part of the redevelopment plan was the city’s deal with Pfizer Corporation for the location of its research facility in the area. The preface to the city’s development plan included the following statement of goals and purpose:
To create a development that would complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city’s waterfront, and eventually “build momentum” for the revitalization of the rest of the city, including its downtown area.
The affected property owners, including Susette Kelo, live in homes and cottages (15 total) located in and around other existing structures that would be permitted to stay in the area designated for the proposed new structures (under the city’s economic development plan) that would be placed there primarily by private land developers and corporations. The city was assisted by a private, nonprofit corporation, the New London Development Corporation (NLDC), in the development of the economic plan and piloting it through the various governmental processes, including that of city council approval. The central focus of the plan was getting Pfizer to the Fort Trumbull area (where the homeowners and their properties were located) with the hope of a resulting economic boost that such a major corporate employer can bring to an area.
Kelo and the other landowners whose homes would be razed to make room for Pfizer and the accompanying and resulting economic development plan filed suit challenging New London’s legal authority to take their homes. The trial court issued an injunction preventing New London from taking certain of the properties but allowing others to be taken. The appellate court found for New London on all the claims, and the landowners (petitioners) appealed.
Judicial Opinion
STEVENS, Justice Two polar propositions are perfectly clear. On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation. On the other hand, it is equally clear that a State may transfer property from one private party to another if future “use by the public” is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example. Neither of these propositions, however, determines the disposition of this case.
The disposition of this case therefore turns on the question whether the City’s development plan serves a “public purpos ...
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. Define the concept of fixtures in the Malaysian context. Discuss the principles governing
fixtures as detailed by the judges in the case of Goh Chong Hin.
Definition of land under Section 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 any thing attached to
the earth, whether on or below the surface
e) Land covered by water.
Definition of land under Section 2 of Registration of Titles Enactment
interpret land to include :
Things attached to the earth or permanently fastened to anything attached to the earth)
The first issue in this is whether the English law of fixtures was applicable in
Malaysia. Based on the definition of land under the statutes, fixture is anything attached
to the earth, immovable and being part of the land itself. However, in the Malaysian
context, since our Land Code merely looks at the physical aspect of the annexation and
doesn’t determine whether an article is a fixture or a chattel. Sproule J:
“… the legislature of these States has already, if not explicitly … declared as its policy
the adoption of the English on this point.” (page 95, para 2) “I have no doubt that we
are to apply in this country the ordinary English law of fixtures.” (page 98, para
3)Thus, English law of fixtures applies.
The second issue is whether the machinery was a fixture, making it part of the land.
Two tests were derived in Holland v Houdgson, namely the degree of annexation
and the purpose of annexation. Degree of annexation includes object either be
strongly or lightly attached or even resting by its own weight to the land. One more thing
to be taken into consideration is to what extent an injury will be caused upon the
removal of the object. Thus, the stronger an object is attached to the land, the more
likely the item is considered as fixture, and the more damage or injury is caused upon
its removal, the more likely it is considered to be part of the land.
For the purpose of annexation, it must be taken into consideration as to whether the
object was for the permanent and substantial improvement of the dwelling or merely for
2. a temporary purpose and the more complete enjoyment and use of it as a chattel. If an
object has been attached no matter the degree of which it was affixed, the intent for that
object to be permanently affixed to enhance the use and enjoyment of land is fair to be
called fixture. On the other hand, an article may be very firmly fixed to the land, and yet
the circumstances may be such as to show that it was never intended to be part of the
land, and then it does not become part of the land. In Holland v Hodgson,it was held
that the looms were fixtures. They had been brought onto the land to improve its
usefulness for business purposes.
Mather v Fraser
“… where an article is affixed by the owner of the fee, though only affixed by bolts and
screws, it is to be considered part of the land, at all events when the object of setting up
the articles is to enhance the value of the premises to which it is annexed for the
purpose to which those premises are applied.”
Goh Chong Hin v The Consolidated Malay Rubber Estates Limited.
In this case, on 26th April 1921 – Goh Chong Hin executed a charge in favour of
S.R.M.S. Lechmanan Chetty (Chargee) which includes his building and factory .
25 June 1921, Goh Chong Hin executed a bil of sale over the machinery in the factory
to the Consolidated Malay Rubber Estates Ltd.
25 Oct 1923, Lechman Chetty by the consent of Goh Chong Hin took possession of the
land and the factory.
31 Dec 1923, The Consolidated Malay Rubber Estates Ltd applied for order to seize
and sell the machinery by virtue of the Bill of Sale.
At first, the trial judge decided in the favour of the Consolidated Malay Rubber Estates,
however the judgement was then reversed and the appeal was then allowed. It was
held that machinery affixed to the earth by bolts and nuts becomes fixture and part of
the land. Furthermore, the fact that the machinery was set up with the object of
enhancing the value of land and purpose for which it existed.
In Socfin Co Ltd v Chairman, Klang Town Council, a bulks storage tanks connected
to pipe lines by bolts and nuts was used to allow railway wagons to empty their palm oil
into the tanks. The court held that it can be no doubt that the tanks sited on the holding
to improve the land for its better use and enjoyment thus becomes part of the land.
One of the concepts of fixtures found in this case is that a charge premises will pass the
fixtures upon premises. Fixtures attached to the property after the date of the charge will
also be covered by the charge.
3. The general principle is that all fixtures attached to the land will be passed to the
purchaser. In Goh Chong Hin’s case, a charge of premise will pass the fixtures to the
chargee as part of the land as well as the fixture attached after the date of the charge
unless it is otherwise provided. This principle was upheld in the case of Wiggins Teape
Sdn Bhd, when the charger default in the payment, the printing machine affixed then
become part of the land and to be transferred.
The general principle that all fixtures attached to the land form part of the land does not
aply in the case of tenants fixtures. A tenant has the right to remove tenant’s fixtures
affixed to the land so long as he is in possession as a tenant. Where he does not
remove them within reasonable time after the expiration of his tenancy, the landlord’s
title to the fixtures becomes absolute. The rationale behind this is because the intention
to affix the chattels to the land only temporarily.
The fixtures however can be removed if it is authorized in the agreement. In Gebrueder
Buehler AG v Peter Chi, it is however clear that if the mortagee can be presumed to
have authorized the removal of trade fixtures by the mortgagor, the owner will be
entitled to server and removed them whilst the mortgagor is still in possession but no
after the mortgagee has taken possession.
It can be concluded that fixture is Articles not otherwise attached to the land than by
their own weight are not to be considered as part of the land, unless the circumstances
are such as to show that they were intended to be part of the land, the onus of showing
that they were so intended lying on those who assert that they have ceased to be
chattels.
Chattel
On the contrary, an article which is affixed to the land even slightly is to be
considered as part of the land, unless the circumstances are such as to show that it was
intended all along to continue a chattel, the onus lying on those who contend that it is a
chattel.
For instance, in The Shell Co Of The Federation Of Malaya Ltd V Commissioner Of
The Federal Capital Of Kuala Lumpur, the fact stated that "To remove the tanks, the
turf, concrete or tarmacadam is taken up, the earth excavated, the concrete manhole
boxes removed, all pipe connections unbolted and the tank, with its concrete sinker
weights can then be raised with blocks and tackle." Thus, the court held that The tanks
were intended to remain in situ for as long as the petrol stations continue in operation.
Their attachment to the earth is as permanent as the buildings erected on the petrol
4. stations. Their removability, when severance reconverts them into chattels or movable
property, doesn’t alter the fact of their integration with the land upon attachment thereto.
In Kiah bte Hanapiah v Som bte Hanapiah, it was held that houses of the malay type
resting on stilts not buried into house are movable property. The judge further said that
there is a settled custom in this country that houses of this type are regarded as
personalty in which ownership may be separated from ownership of the soil. It should
be excluded from the English law of fixtures.