DEFINITION OF LAND
Syauqi Mardia bin Baharudin
1162161
TLB6 l KLB2
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Learning Objectives
To understand the legal concept of land
To differentiate between fixtures and chattels
To understand the exceptions to the general rule
2. Definition of Land
 Oxford Dictionary: The solid part of the earth’s surface, as distinguished from the sea or water or from
the air.
 Section 5 Of National Land Code
3. Fixture
 “Chattel which are so affixed to land or to a building on land as to become in fact part of the building or
land.”
 “quic quid plantatur solo, solo cedit”: (whatever is attached to the land becomes part of the land)
4.
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test-Whether an item is a fixture or chattel?
the degree of annexation test (Holland V Hodgson Lrcp 328)
the purpose of annexation test (Socfin Co Ltd V Chairman Klang Town Council (1964) MLJ 325)
Both must be applied together
5. What if there is a conflict between the result of applying the Degree test and result after applying
Purpose test?
 A: A conflict would reflect the ability of the presumption under the degree test to be rebutted by
applying the Purpose test. The result of the purpose test will prevail.
 Local Case: Goh Chong Hin v Consolidated
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Exceptions
Custom (Kiah bte Hanapiah v Som bte Hanapiah (1953) MLJ 82)
Charger& Chargee (Wiggins Teape (M) Sdn. Bhd V. Bahagia Trading Sdn. Bhd & Ors (1980) 2 MLJ 86)
Common Law Exceptions (BBMB Kewangan Bhd V Kueh Teck Swee [2001] 1 MLJ 176)