LAND LAW I

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Beatrice is the owner of a piece of land located in Labu Manik, on which a double- storey
house stands. In 2012, Beatrice rented the house to azman who is a farmer.

During his occupation on the said land, Azman had on his own expense built a garage
attached to the rear wall of the house to keep his agricultural tools and fertilizer etc. The
garage was made of aluminum walls and attap roofs supported by wooden posts or pillars.
The wooden posts or pillars were embedded into a cement surface. Besides, Azman had
also on his own expense built some wooden cages to keep the poultry he reared. The cages
were laid on the ground in the compound.

In July 2015, Azman informed Beatrice of his intention to terminate the tenancy agreement
between them.

Beatrice would like to know her rights, if any, over each of the following-
(I) the garage and its contents
(ii) the wooden cages
 FIXTURE
OR
CHATTEL?
i) The garage and its
contents
 ■ Section 5 of NLC : paragraph (d)
Whether All things attached to the earth OR

Beatrice has
permanently fastened to anything attached to
the earth, whether on or below the surface.

any right Fixtures will be considered as a part of the land,

therefore the land owner shall has the right over

over the the fixtures.

garage and
its content? ■ Goh Chong Hin v Consolidated Malay Rubber
Estates Ltd
■ Application of English law of fixture in Malaysia.
To determine whether the object is an fixture or chattel, we need to apply
the test found in the case of Holland v Hodgson.

Blackburn J introduced the degree and object of annexation test:

“ 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 to all along continue a chattel, the onus lying on those who
contend that it is a chattel.”
 Degree of Annexation Purpose of Annexation
■ Physically attached to the land
■ To improve enjoyment of land & its
Fixture value
– Strengthen presumption of fixture
■ The article stands on its own – Rebut presumption of chattel
Chattel
■ To use & enjoy the land
– Strengthen presumption of chattel
– Rebut presumption of fixture
Whether a chattel has been so affixed to the land or building as to become a fixture depends
on the object and purpose of the annexation, and if the chattel can be removed without doing
irreparable damage to the premises, neither the method nor the degree of annexation, nor the
quantum of damage that would be done to the chattel or to the premises by the removal,
affect the question save in so far as they throw a light upon the object and purpose of the
annexation.
If the object and purpose was for the permanent and substantial improvement of the land or
building, the article will be deemed to be a fixture, but if it was attached to the premises
merely for a temporary purpose or for the more complete enjoyment and use of it as a chattel,
then it will not lose its chattel character and it does not become part of the realty.'

ESSO MALAYSIA BHD v HILLS AGENCY (M) SDN BHD & ORS [1994] 1 MLJ 740
 FIXTURE
OR
CHATTEL?
ii) The wooden cages for the poultry
 ■ Section 5 of NLC : paragraph (d)
Definition of land – “all things attached to
Whether the earth OR permanently fastened to
anything attached to the earth, whether
Beatrice has on or below the surface.”
■ Fixtures will be considered as a part of
any right the land, therefore the land owner shall
has the right over the fixtures.

over the ■ In order to determine whether the

object is an object or chattel, we need
wooden to apply the test found in the case of
Holland v Hodgson

cages Azman ■ Blackburn J introduced the degree

and object of annexation test:

built to keep “ an article which is affixed to the land

his poultry? even slightly is to be considered as part
of the land, unless the circumstances are
such as to shew that it was intended to all
along continue a chattel, the onus lying
on those who contend that it is a
chattel.”
TEST 1 : DEGREE OF ANNEXATION
■ Physically attached to the land = fixture
PRESUMPTION
■ Stands on its own = chattel
■ The wooden cages stands on their own, where it is laid upon the ground, and
not attached to by using cement or bolt and nuts.
■ It is safe to assume that the wooden cages can be moved easily without
having to do something to the ground.
■ Therefore, by using the first test, the wooden cages are presumed to be a
chattel.

TEST 2 :
PURPOSE OF
ANNEXATION
In the case of Leigh v Taylor, Madame de
Falbe was the tenant for life of a mansion.
She had placed some valuable tapestries in
the mansion which were stretched on to
hard match board and affixed to the walls
by nails. They could be removed with slight
disturbance to the walls. On Madame de
Falbe’s death, the court were required to
determine whether the tapestries had
become fixtures belonging to the mansion
or whether they remained chattels.
■ Held:
■ The tapestries remained chattels and did not form part
of the mansion.
■ Earl of Halsbury LC:
■ “It never was intended to remain a part of the house;
the contrary is evident from the very nature of the
attachment, the extent and degree of which was as
slight as the nature of the thing attached would admit
of. Therefore, I come to the conclusion that this thing,
put up for ornamentation and for the enjoyment of the
person while occupying the house, is not under such
circumstances as these part of the house. That is the
problem one has to solve in each of these cases. If it is
not part of the house, it falls under the rule now laid
down for some centuries, that it is a sort of ornamental
fixture, and can be removed by whoever has the right
to the chattel - whose it was when it was originally put
up.”
■ To improve enjoyment of land and its value=
STRENGTHEN THE PRESUMPTION OF FIXTURE OR REBUT THE PRESUMPTION OF CHATTEL
■ To use and enjoy the object itself=
REBUT THE PRESUMPTION OF FIXTURE OR STRENGTHEN PRESUMPTION OF CHATTEL.

■ In this case, the wooden cage is built to be used and enjoyed by itself, not to improve the
enjoyment of the land or its value.
■ The wooden cage is used to rear the poultry Azman has.
■ The sole purpose of it being built is not related to the land and it was not attached to the
land either.
■ Therefore, the wooden cages are chattels.