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Land Law (Type of
Caveats (Private
Caveat (NLC1965 S.323(1)(a) :
Any…
Land Law
Type of
Caveats
Private
Caveat
NLC1965 S.323(1)(a) :
Any person or body claiming title to any alienated land or any rights to such title
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Unless earlier withdrawal, it lapses upon expiry of 6 years after took effect
Trust
Caveat
legal instrument that has contractual elements which include trustee, settlor and beneficiary
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Lien-holder's
Caveats
Possessory rights of physical property or title deed evidencing ownership or interest in land/property
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After obtain judgement, holder of caveat shall be entitled apply to court for an order for sale
Registrar's Caveat
Entered in respect fo any land in following circumstances:
- Prevention of fraud or improper dealing
- protect interest of
a) the Federation or the State Authority
b) a person who is a minor, with mental disorder or unsoundness of mind
Definition
(NLC 1965)
S.5(c): all vegetation and other natural products whether or not requiring the periodical application of labour to their production, and whether on or below surface
S.5(d): all things attached to earth or permanently fastened to any thing attached to earth, whether on or below surface (fixture)
Test
(fixture? chattel?)
Degree of annexation:
prima facie - degree of an article affixed to land;
~even slightly- presume as part of land
Purpose of annexation:
intention to affixed item;
if for better enjoyment - strengthen first test -
fixture otherwise, chattel (enjoy on its own)
Cases
Goh Chong Hin & Anor. v. The Consolidated Malay Rubber Estates Ltd.
P charged his land including buildings and factory to chargee. P sell machinery which are affixed to land with nuts and bolts in the factory to D. Chargee, with consent of P, took possession of the land and the factory. D apply for order to seize and sell machinery by virtue of Bill of Sale.Trial judge in favour of D and chargee appealled.
Held:
- English Law of fixtures
- Prima facie - fixtures
- Even if set up after date of charge, it accrued to land - part of chargee's security
Socfin Co. Ltd. v. Chairman, Klang Town Council
R in determining the annual value of A for rating, took into account the bulk storage tanks standing thereon. A said tanks not rateable since neither land or building.
Held:
- Building - connect with platforms and pillars
- Annex to land for better use and enjoyment
- Enhanced value of holdings they stood - not for machinery used - ratable