DEFINITION OF LAND

Section 5 of NLC provides the definition of land. Which of the following DOES NOT constitute lands in the provision?

• That surface of the earth and all substances forming that surface.

• The earth below the surface and all substances therein.

• Land covered by water.

• All things attached to the air, or permanently fastened to anything attached to the air, whether on or below the air.

There are certain difficulties in determining whether an item is part of the land or not. Hence, in order to determine whether an item is part of land, it is important to identify what constitute as...

• Accoutrement & Clobber

• Fixtures & Chattels

• Zone & Region

• Tract & Parcel

What are the CORRECT differences between fixtures and chattels

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Which of the following is the CORRECT legal maxim in regard to the nature of fixtures in relation to land?

• Lex non a rege est violanda

• Nemo Potest esse tenens et dominus

• Quic quid plantatur solo,

  solo cedit

• Qui sentit commodum, sentire debet et onus

Which of the following are the two tests applicable provided in the case of Holland v Hodgson?

• Standard of Annexation Test & Impetus Annexation Test

• Impetus Annexation Test & Degree of Annexation Test

• Aguilar-Spinelli test & Miller Test

• Degree of Annexation Test & Purpose Annexation Test

The following is the purpose of annexation EXCEPT

• Enhance the value of the land

• Better enjoyment of the chattel

• Intended the item to be permanent

• It can be used independently even without the other test

Which case proved that the removal of tanks can cause irreparable damage to the land as it will create holes on the land?

• Goh Chong Hin v The Consolidated Malay Rubber Estates

• Wiggins Teape (M) Sdn Bhd v Bahagia Trading Sdn Bhd & Ors

• Shell Co of Federation Of Malaya v Commissioner of Federal Capital of KL

• Sungai Way Leasing v Lian Seng Properties

Which of the following are the consequences of the fact that section 5(d) of NLC speaks only about the physical aspect of attachment?

• There must exist an arrangement of payment.

• In the absence of statutory provision, English legal principles governing fixtures are applied in Malaysia.

• Transfer must be done with State authority approval or there shall be no transfer can be performed within 5 years after the alienation has been made.

• Property ownership is via registered titles which establishes and certifies the ownership of an indefeasible interest to land.

Which of the following is the EXCEPTION to the English Law of Fixtures?

• Retention of title clause

• Common law exceptions

• Proved customary exception

• All of the above

Which statement is INCORRECT in regard to the degree of annexation test?

• To know whether an item is strongly or slightly part of the land or not, one must look at to extent of the damage caused to the item upon its removal.

• It remains a presumption until it is strengthened or rebutted by the next test.

• One must look at the degree of attachment of the item to the land.

• The purpose of this test can merely be inferred from the surrounding circumstances.