DEFINITION OF LAND

DEFINITION OF LAND

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DEFINITION OF LAND

CONTENT

Learning Outcomes Fixture & Chattel

Introduction

Definition of Land Application in Construction

Tests

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DEFINITION OF LAND

Learning Outcomes

At the end of the discussion students should be able to: explain the definition of land, fixture & chattel

discuss the test of fixture and chattel

discuss the application of the principles fixture & chattel in construction contracts.
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DEFINITION OF LAND

Introduction Understanding the definition of land is important so as to avoid disputes, particularly in land transactions. The legal definition is land is not similar with the what the layman understands it to be.

The scope of the legal definition of land is wider than the ordinary meaning.
Thus, it is very important that anyone that carries out any transactions relating to land clearly understand the legal concept of land.

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DEFINITION OF LAND

Definition of Land

Latin Maxim

Section 5

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Definition of Land
a) The surface of the earth and all substances forming

that surface;
b) The earth below the surface and all substances therein; c) All vegetations.. (natural or otherwise) ..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; and
e) Land covered by water.
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DEFINITION OF LAND

Fixture & Chattel The definition of land under section 5(d) on the NLC 1965 is based on the common law principles of fixture and chattel. When a contract of sale or lease is silent on the details of the property included in the dealing, a dispute may arise as to whether or not an item is part of the transaction. Such a dispute is illustrated by the leading common law case of Holland v. Hodgson (1872) LR7 CP 328. This was the case where Blackburn J. had enunciated the general principle of fixture and chattel. Thereafter, subsequent common law judges had further developed the principle and devised several tests to determine whether an item is a fixture or a chattel.
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DEFINITION OF LAND

Fixture & Chattel

Definition

Common Law

Tests

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DEFINITION OF LAND

Definition of Fixture & Chattel

Fixture

Chattel

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Definition of Fixture & Chattel FIXTURE Dictionary

Law Dictionary

A thing fixed permanently in position/any of the fixed items bought or sold with a building (e.g. gas pipes, electric fittings) or with land (e.g. greenhouse, fencing)

Chattels affixed to land or to a building so that they are part thereof. Generally, the degree of annexation required is such that the chattel must be connected to the land or the a building on the land in some substantial way.
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Definition of Fixture & Chattel

CHATTEL Dictionary Law Dictionary

A piece of property other than a real estate or a freehold

Generally, property other than freeholds; personal property

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DEFINITION OF LAND

Common Law Principles The common law principles of fixture and chattel was first enunciated by Blackburn J in the celebrated case of Holland v. Hodgson (1872) LR7 CP 328

Blackburn J.

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 as a chattel.

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DEFINITION OF LAND

Common Law Principles

Perhaps the true rule is that 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 they were intended to be part of the land. The onus is on those who insist that they are fixtures.

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DEFINITION OF LAND

Holland v Hodgson

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DEFINITION OF LAND

Tests

Degree of Annexation Test Summary

Removal Test

Purpose Test

Exceptions

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DEFINITION OF LAND

Degree of Annexation Test

Blackburn J
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 continues as a chattel. Perhaps the true rule is that 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 they were intended to be part of the land. The onus is on those who insist that they are fixtures.
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DEFINITION OF LAND

Degree of Annexation Test

Goh Chong Hin & Anor. v. CMRE [1924] 5 FMSLR 86 Shell Co. v. The Comm. of Land FT KL [1964] MLJ 302 Socfin Ltd. v. Chairman Klang Town Council [1964] MLJ 325

Wiggins Teape v. Bahagia Trading [1980] 2 MLJ 45

Kartar Singh v. Pappa [1954] MLJ 193

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DEFINITION OF LAND

Removal Test Where an item is attached to the land/building even slightly, prima facie, it is a fixture (degree of annexation test) The party that wishes to contest the finding and insists that the item is a chattel, may request for removal test.

That party must demonstrate that removing the item does not damage the item or the land/building physically or conceptually.
If removing the item causes damage to the item or land/ building, physically or conceptually, the item remains a fixture.

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DEFINITION OF LAND

Removal Test

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DEFINITION OF LAND

Purpose or Objective Test This test looks at the intention the article is affixed to the building/freehold. In relation to an article that affixed to the building/structure, if the intention is for the enjoyment of the article itself, then the affixed article is a chattel.

Hellawell v. Eastwood (1851) Ex. 295 - Paintings or tapestries tacked on walls for purpose of enjoyment of the chattels as chattels.
If a chattel stands on its own weight, but the intention or purpose is to make it a permanent feature, then the article is not a mere chattel but a fixture.

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DEFINITION OF LAND

Tapestry

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DEFINITION OF LAND

Decorations

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DEFINITION OF LAND

Purpose or Objective Test Reid v. Smith [1906] CCLR 656

A dispute in relation to a house standing on its own weight but tightly knot keeping it affirmed on the ground.
Cartel J. The facts showed that it was the intention of the owner to make the house as permanent resident and therefore formed part of the land.

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DEFINITION OF LAND

Purpose or Objective Test

Degree Of Annexation Test

Chattel

Stands on own weight

Attached even slightly

Fixture

Removal Test

Chattel

Easy/no damage

Difficult/damage

Fixture

Purpose Test

Chattel
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Enjoyment of item
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Better use of land

Fixture
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DEFINITION OF LAND

Exceptions

Custom

Tenant Fixture

Trade Fixture

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DEFINITION OF LAND

Customs Malay Custom Kiah Bt. Hanapiah v. Som Bt. Hanapiah [1953] MLJ 82 Re Tiam Bee Bt. Maamin (1904) Innes 285 Wake v. Hall (1882 3) 8 AC 195 (Miners hut built on land with machines affixed in the hut)

Miners Custom

Construction

Site Office

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DEFINITION OF LAND

Malay Custom Kiah Bte Hanafiah v Som Bte Hanafiah [1953] MLJ 82

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DEFINITION OF LAND

Malay Custom

Kiah Bt. Hanapiah v. Som Bt. Hanapiah [1953] MLJ 82 Murray-Aynsley

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.

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DEFINITION OF LAND

Miner 's hut Wake v. Hall (1882 3) 8 AC 195

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DEFINITION OF LAND

Trade Fixture
Aerosol Filling Machines Our company offers Aerosol Filling Machine that is applied to fill a variety of aerosol products. This machine is also applied to batch produced in small scale in aerosol filling factory. Our aerosol filling machines are widely used in cosmetic, chemical, auto, fire protection, pharmacy, foodstuff and it is also used for fixture, pesticide, mousse, detergent, freshener, petroleum gas, extinguishing agent, etc.
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DEFINITION OF LAND

Tenants Fixture

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DEFINITION OF LAND

Site office

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DEFINITION OF LAND

Application in Construction Contracts

Site Office

Silo Sky Crane Unfixed Materials & Goods

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DEFINITION OF LAND

Application in Construction Contracts

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DEFINITION OF LAND

Unfixed Materials Schindler Lifts (S) v. Peoples Park China Town Development [1990] 3 MLJ 40

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DEFINITION OF LAND

Latin Maxim

Quic quid plantatur solo solo cedit

Whatever is affixed to the soil, belongs to the soil

Loose bricks are chattels; moveables or personal property and do not form part of the land, no matter how high a pile of them. However, once cemented together and used to erect a house, the bricks become part of the land and thus converts from chattel to real property.
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DEFINITION OF LAND

Latin Maxim

Cujus est solum ejus est usque ad coelum et ad inferos

Whose is the soil, his is also that is above and below it.

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