This document discusses the legal definition of land and the law of fixtures in Malaysia. It begins by defining land under the National Land Code to include things attached to or permanently fastened to the earth. It then examines the English common law test for determining whether an item is a fixture or chattel based on the degree and purpose of annexation, as established in Holland v. Hodgson. This test was applied in Malaysia through the case of Goh Chong Hin v. Consolidated Malay Rubber. The document also discusses exceptions to the law of fixtures such as tenants' fixtures and the effect of retention of title clauses.
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
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 Secondly, as law revolves every day, there will be outdated parts in my notes.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!
Vitiating Elements in the Formation of a Contract: Mistake and frustrationPreeti Sikder
Learning Objectives: Students will:
a) learn the difference between Common Mistake and Mistake negativizing Consent
b) discover the strong link between mistake and frustration
March 2015 presentation to ASBC on slab heave and damagesAndrew Downie
This presentation looks at the history of awards of damages for demolition and reinstatement of property, including Bellgrove v Eldrige (1954) 90 CLR 613, Ruxley Electronics and Constructions Limited v Forsyth [1996] AC 344 and Tabcorp Holdings Limited v Bowen Investments Pty Ltd (2009) 236 CLR 272.
The presentation then discusses the two recent cases of Softley v Metricon Homes Pty Ltd [2014] VCAT 1502 and Hooper v Metricon Homes Pty Ltd [2014] VCAT 277 in which the Tribunal made an award of damages for demolition and reinstatement, rather than rectification, where the slab was found to be unstable.
Chapter 32 The real estate exists 225After readi.docxketurahhazelhurst
Chapter 32: The real estate exists 225
After reading this chapter, you will be able to:
• distinguish between personal property and real estate;
• comprehend the physical characteristics of real estate;
• understand a property’s appurtenant and riparian rights; and
• determine whether an item is a property fixture or trade fixture.
Learning
Objectives
The real estate exists
Chapter
32
For most people, the term “property” means a physical or tangible thing.
However, property can be more broadly defined, focusing on the rights
which arise out of the object. Thus, property is referred to as a bundle of
rights in a thing, which for the purposes of this material, is real estate.
Further, property is anything which can be owned. In turn, ownership is
the right to possess the property owned and use it to the exclusion of others.1
The right to possess and use property includes the right to:
• occupy;
• sell or dispose;
1 Calif. Civil Code §654
Physical and
legal aspects
of real estate
appurtenant rights
common interest
development (CID)
mechanic’s lien
fixture
lien
personal property
profit a prendre
real estate
riparian right
trade fixture
Key Terms
For a further discussion of this topic, see Chapter 3 of Legal Aspects of
Real Estate.
226 Real Estate Principles, Second Edition
• encumber; or
• lease the property.
Property is divided into two primary categories:
• real estate, also called real property or realty; and
• personal property, also called personalty.2
Real estate is characterized as immovable, whereas personal property is
movable.3
Personal property is defined, by way of exclusion, as all property which is
not classified as real estate.4
While the distinction between real estate and personal property seems
apparent at first glance, the difference is not always so clear.
Real estate can be physically cut up by severance of a part of the earth (i.e.,
removal of minerals). Title to real estate can also be cut up in terms of time,
providing sequential ownership.
For example, fee ownership can be conveyed to one person for life, and on
their death, transferred by the fee owner to another. Time sharing is another
example of the allocation of ownership by time, such as the exclusive right
to occupy a space for only three weeks during the year.
Title to real estate can also be fractionalized by concurrently vesting title
in the name of co-owners, such as tenants-in-common who each hold an
undivided (fractional) ownership interest in the real estate.
Possession to real estate can be cut out of the fee ownership for a period of
time. For instance, the fee owner of real estate acting as a landlord conveys
possession of the property to a tenant under a lease agreement for the term of
a lease. When the tenancy expires or is terminated, possession of the property
will revert to the landlord. The landlord retains fee title to the real estat ...
Chapter 32 The real estate exists 225After readi.docxspoonerneddy
Chapter 32: The real estate exists 225
After reading this chapter, you will be able to:
• distinguish between personal property and real estate;
• comprehend the physical characteristics of real estate;
• understand a property’s appurtenant and riparian rights; and
• determine whether an item is a property fixture or trade fixture.
Learning
Objectives
The real estate exists
Chapter
32
For most people, the term “property” means a physical or tangible thing.
However, property can be more broadly defined, focusing on the rights
which arise out of the object. Thus, property is referred to as a bundle of
rights in a thing, which for the purposes of this material, is real estate.
Further, property is anything which can be owned. In turn, ownership is
the right to possess the property owned and use it to the exclusion of others.1
The right to possess and use property includes the right to:
• occupy;
• sell or dispose;
1 Calif. Civil Code §654
Physical and
legal aspects
of real estate
appurtenant rights
common interest
development (CID)
mechanic’s lien
fixture
lien
personal property
profit a prendre
real estate
riparian right
trade fixture
Key Terms
For a further discussion of this topic, see Chapter 3 of Legal Aspects of
Real Estate.
226 Real Estate Principles, Second Edition
• encumber; or
• lease the property.
Property is divided into two primary categories:
• real estate, also called real property or realty; and
• personal property, also called personalty.2
Real estate is characterized as immovable, whereas personal property is
movable.3
Personal property is defined, by way of exclusion, as all property which is
not classified as real estate.4
While the distinction between real estate and personal property seems
apparent at first glance, the difference is not always so clear.
Real estate can be physically cut up by severance of a part of the earth (i.e.,
removal of minerals). Title to real estate can also be cut up in terms of time,
providing sequential ownership.
For example, fee ownership can be conveyed to one person for life, and on
their death, transferred by the fee owner to another. Time sharing is another
example of the allocation of ownership by time, such as the exclusive right
to occupy a space for only three weeks during the year.
Title to real estate can also be fractionalized by concurrently vesting title
in the name of co-owners, such as tenants-in-common who each hold an
undivided (fractional) ownership interest in the real estate.
Possession to real estate can be cut out of the fee ownership for a period of
time. For instance, the fee owner of real estate acting as a landlord conveys
possession of the property to a tenant under a lease agreement for the term of
a lease. When the tenancy expires or is terminated, possession of the property
will revert to the landlord. The landlord retains fee title to the real estat.
Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
2. 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
3. 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.
4. • 1st limb
• (d) all things attached to the earth or permanently
fastened to anything attached to the earth, whether on or
below the surface;
5. • 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
6. 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?
7. 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?
8. 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.
9. Fixtures and Chattels
FIXTURE
• a fixture is an item
that is attached to
the land and
immovable.
• shall form part of
land
CHATTEL
• a chattel is an item
even if attached to
the land, it is
removable.
• shall not form part of
land
10. The English law of fixtures
Laid down in Holland v. Hodgson
• (1872) L.R. 7 C.P. 328
• The owner of a mill purchased some looms for use in his
mill. They were attached to the stone floor by nails driven
into wooden beams. They could quite easily be removed.
The owner then mortgaged the mill and failed to keep up
the payments and the mill was repossessed. The question
for the court was whether the looms were fixtures forming
part of the land or whether they remained chattels.
• Held: The looms had become fixtures and thus formed
part of the land mortgaged.
11. • Blackburn
J introduced the degree and object of
annexation test:
“Thus blocks of stone placed one on the top of another without any
mortar or cement for the purpose of forming a dry stone wall would
become part of the land, though the same stones, if deposited in a
builder's yard and for convenience sake stacked on the top of each
other in the form of a wall, would remain chattels. 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.”
12. • He continued:
“…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 shew that they were intended to be
part of the land, the onus of shewing that they were so intended lying
on those who assert that they have ceased to be chattels, and that,
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 shew that it was intended all along to continue a chattel,
the onus lying on those who contend that it is a chattel."
13. English Law of Fixtures
• Two tests to determine if an article is a fixture or a chattel:
1. Degree of annexation test
2. Purpose/object of annexation test
• BOTH tests must be applied
14. Degree of annexation test
• 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.
• (Raises a PRESUMPTION which can be rebutted by the
Purpose Test)
1. If an article is affixed to the land even slightly the
presumption is that it is a fixture.
2. If an article is attached to the land by its own weight
remains a chattel.
15. The Damage Factor
1. If the removal of the article would result in damage to
the article the presumption is that it is a fixture.
2. If the removal of the article does not result in damage to
the article cannot presume that it is a chattel but to
look at the purpose
16. Purpose of annexation test
• The prima facie finding in the Degree Test may be
strengthened or rebutted by the Purpose Test.
• Applying the degree test, if there is no physical attachment to
the land the presumption is that it is a chattel.
• However, Blackburn J. in Holland v. Hodgson : "But even in
such a case, if the intention is apparent to make the articles
part of the land, they do become part of the land.“
• Intention in this context is to be assessed objectively and not
subjectively.
• It is the purpose which the object is serving which has to be
regarded, not the purpose of the person who put it there.
17. • The question is whether the object is
designed:
• To enhance the value and utility of the land
/ for the improvement or more complete
enjoyment of the land / for the use or
enjoyment of the land
• Or, for the more complete use or enjoyment
of the thing itself.
18. • If an article 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 article 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.
19. Mather v Fraser
• “where and 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”.
20. Application to Malaysia
• The English law of fixtures applies to Malaysia
• Goh Chong Hin v. Consolidated Malay Rubber (1924)
5 FMSLR 86:
21. Goh Chong Hin v Consolidated
April 1921 - Goh Chong Hin charged his land including buildings
and factory to SRMS Lechman Chetty (chargee).
There were machinery in the factory. Annexed by nuts and bolts
to concrete foundations sunk in the soil.
June 1921 – Goh Chong Hin executed Bill of Sale over the
machinery in the factory to Consolidated Malay Rubber Estates
Ltd (grantee)
October 1923 – The chargee by the consent of Goh Chong Hin
took possession of the land and the factory.
December 1923 - The grantee applied for order to seize and sell
the machinery by virtue of the Bill of Sale.
23. Item in dispute:
Machinery in the factory. Annexed by nuts and bolts to
concrete foundations sunk in the soil.
• Chargee: They are fixtures!!!
• Grantee/Respondent: They are chattels!!!
24. the court held…
• Trial judge held in favour of grantee/respondent
• The machinery chattel.
• On appeal, held:
• English law of fixtures applies.
• Applied the test laid down in Holland v Hodgson
• The machinery fixture.
25. • Reason for decision:
• Based on the Degree Test, the presumption is that the
machinery were fixtures and applying the Purpose Test,
the machinery were attached to enhance the value and
utility of the land for a rubber estate. This strengthens
the presumption that the machinery were fixtures.
• (Note: The respondent/grantee had failed to rebut the
presumption that the machinery were fixtures.)
•
26. Points from Goh Chong Hin
1.
The first case in Malaysia where the court applied the
English Law of Fixtures.
Sproule CJC:
“ I have no doubt that we are to apply in this
country the ordinary English law of fixtures”
2.
In relationships between chargor and chargee, all fixtures
whether attached before or after the date of the charge,
pass to the chargee unless otherwise provided for in the
charge agreement.
3.
The Degree Test raises a presumption that the machinery
was a fixture. So the onus of proof was on the grantee (who
contended that they were chattels) to rebut the presumption.
27. The Shell Company v Commissioner
• Underground tanks at petrol station buried two feet below
ground level, turfed over and covered with concrete.
• The manner of their removal, if it has to be done, shows
how firmly the tanks are embedded in the earth:
• 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.
• The tanks, when placed underground, were intended to
remain there.
• Court: They are fixtures.
28. Effect of Retention of Title Clause
• Also called the Romalpa Clause
• Title to the goods remains vested in the seller
until fully paid by the buyer.
• Usually found in a hire-purchase agreement.
29. Landowner / Chargor
/ Lessee
Owner of article
under hire-purchase
agreement / Lessor
chargee
30. Wiggins Teape (M) Sdn Bhd v Bahagia
Trading Sdn Bhd
• Issue:
• Whether a printing machine affixed by bolts to the
floor and ground of the defendants‟ premises on a
land charged to the chargee has become a fixture
despite the existence of a hire-purchase
agreement by which the owner of the printing
machine had retained the title until full payment?
31. • There was a „retention of title‟ clause.
• e.g. “the hirer is the absolute owner of the hired
item until full payment of the purchase price”
32. Court held…
The machine has become a fixture and passes to
the chargee notwithstanding the retention
of title clause.
33. Sungei Way Leasing v Lian Seng
Properties
• The defendant, owner of KL Plaza had took up a loan and
charged the building.
• Later, a „custom-made‟ air conditioning unit bought under
a hire-purchase agreement, was affixed to the building.
• Clause 11 of the HP Agreement provided that the lessor
was to remain as the owner of the unit and the lessee had
no right to pass title of the air-cond. to any third party
35. Dispute:
• Lessor sought to remove the air-cond. unit from the
building.
• The chargee bank objected
36. Held:
Although the air-cond. unit was in the nature of a fixture as
it was „custom-made‟ for the building, the court must give
effect to the intention of the parties arising from the
hire purchase agreement. Thus, the lessor had a better
right to the air-cond. unit.
“The chargee was not entitled to the equipment affixed to
the land as there was a retention of title clause in favour of
the plaintiffs”
37. MBF Finance v Global PacificTextiles S/B
& Anor. [1993]
• Issue:
• Whether 2 sets of dyeing machines obtained under an
„equipment rental‟ agreement and affixed to the land are
considered part of the land?
• There was a retention of title clause.
• Defendant defaulted in paying the rental for the
equipment and the lessor terminated the agreement and
sought to remove the machines from the land.
• Defendant and chargee objected claiming the machines
had become part of the land.
38. Held:
The retention of title clause rendered the machines to
continue as chattels although attached to the land.
Since the machines were installed in the factory
temporarily, their removal would not cause material injury to
the land.
39. Exceptions to the law of fixtures
• There are several exceptions to the law of fixtures:
1. Custom, e.g. Malay wooden house
2. Tenants fixtures
• Trade fixtures
• Agricultural fixtures
• Domestic fixtures
40. 1. Custom
• An exception to the law of fixtures based on custom. E.g. a
Malay wooden house by custom is moveable property even
when the usual Malay plank house is built upon bricks and
pillars with foundations let into the soil, the house is
nevertheless a chattel.
Re Tiambi bt Ma’amin (1904) Innes 285
A Malay wooden house is moveable property and thus, a chattel
and can be removed.
Kiah v Som [1953]
A Malay traditional wooden house built on stilts are regarded as
personalty by proved custom and not subject to the English law
of fixtures.
41. 2. Tenant‟s fixtures
• Things which are annexed to the land for the purpose of
trade or of domestic convenience or ornament in so
permanent a manner as to become part of the land and
yet the tenant who has erected them is entitled to remove
them during his term or within a reasonable time after its
expiration.
• The law will presume that they were only put up with the
intention of being severed from the land and removed by
the tenant, and not for the purpose of improving the
reversionary interest of the landlord.
42. • Note that this exception only applies to tenants (in tenant-
landlord relationships), and not to landowners (chargorchargee).
• For landowners, the law is strict to presume intention of
permanent annexation.
• Mather v Fraser: “where and 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”.
43. • Spyer v Phillipson [1931]
Held:
A tenant has the right to remove his fixtures provided no
substantial damage was done to the premises.
• Smith v City Petroleum [1940] 1 All ER 260,
Held:
A tenant could remove petrol pumps from the land because
they were trade fixtures and could be easily removed since
they were only bolted to the land. However, it was held that
the petrol tanks could not be removed because they have
become an integral part of the land and could not be easily
detached.