UDL3612 Land Law I Tri 1, 2017/2018

Topic 2 General Concept of Land Ownership

Tutorial 03 (Week 4)

1. What is the definition of ‘land’ under the National Land Code 1965? Is there any
other statute that defines ‘land’? Why is it important to define ‘land’?

2. Discuss the differences between ‘fixture’ and ‘chattel’ under the law of property.
What is/are the test(s) applicable to determine a particular subject matter is a ‘fixture’
or ‘chattel’?

3. Read the following cases for discussion:

(a) Holland v Hodgson (1872) LR 7 CP 328

(b) Goh Chong Hin & Anor v The Consolidated Malay Rubber Estates Ltd 5
FMSLR 86
(c) Shell Co of Federation of Malaya Ltd v Commissioner of Federal Capital of
Kuala Lumpur [1964] MLJ 302
(d) Esso Malaysia Bhd. v Hills Agency (M) Sdn. Bhd. [1994] 1 MLJ 740
(e) Gebrueder Buehler AG v Peter Chi Man Kwong & 2 Ors [1988] 2 MLJ 69
(f) Sri Kajang Rock Product Sdn. Bhd. v Mayban Finance Bhd. & Ors [1992] 1
CLJ 204

4. Discuss the features of the concept of co-proprietorship under the common law and
the National Land Code 1965.

Written exercise:

5. Bimbang is the owner of a piece of land located in Labu Manik. There is a double-storey
house built on the said land. In 2005, Bimbang rented the house to Thamby who is a
farmer.

During his occupation on the said land, Thamby 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 aluminium walls and attap roofs supported by wooden posts or
pillars. The wooden posts or pillars were embedded into a cement surface. Besides,
Thamby 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 September 2008, Thamby informed Bimbang of his intention to terminate the tenancy
agreement between them. Bimbang would like to know his rights, if any, over each of the
following-

(i) the garage and its contents

(ii) the wooden cages

Advise Bimbang.
(15 marks)
[Tri 1, 2008/09, Final]

Prepared by Tay Eng Siang, FOL, MMU