Please enable JavaScript.
Coggle requires JavaScript to display documents.
Chapter 2: Definition of Land - Coggle Diagram
Chapter 2: Definition of Land
Definition of ‘land’ under NLC
Section 5 National Land Code
English Law of Fixtures: Holland v Hodgson
Degree of Annexation Test
affixed to the land even slightly = fixture
attached to the land by its own weight = chattel
removal = result in damage = fixture
removal ≠ result in damage ≠ chattel; look at purpose
Purpose/Object of Annexation Test
for the better enjoyment of the land as a whole to improve its usefulness & value = strengthens the presumption that it is a fixture
merely for a more complete enjoyment and use of the item as a chattel = rebuts the presumption that it is a fixture
Applicability in Malaysia:
Goh Chong Hin v Consolidated Malay Rubber (1924)
The first case in Malaysia where the court accepted the English Law of Fixtures.
Retention of Title clause / Romalpa Clause
used by a seller of goods who don't wish to transfer ownership thereof to the buyer until the buyer has paid for those goods
Exceptions to the law of fixtures
Tenants fixtures
Trade fixtures
Agricultural fixtures
Domestic fixtures
Malay wooden house