Explain the application of the English common law maxim of Quid Quid Plantatur Solo Solo

Cedit in establishing wether a particular item is a fixture or chattel. (15 marks)

The National Land Code is a Malaysia laws which has been enacted to amend and consolidate
the laws relating to land and tenure, registration of title to land and of dealings therewith and
the collection of revenue therefrom within Peninsular Malaysia.
Section 5 of the National Land Code 1965 defines it as to include
a) the surface of the earth and all substance forming the surface,
b) the earth below the surface and all substances therein,
c) all vegetation and other natural products, whether or not requiring the periodical
application of labour to their production, and wether on or below the surface,
d) all things attached to the earth or permanently fastened to anything attached to the
earth, whether on or below the surface,
e) land covered by the water
In Land law, the definition or concept of fixtures is founded on the maxim ‘quicquid plantatur
solo solo cedit’. It means whatever is affixed to the ground belongs to the ground. The
meaning of this principle is that if something that is becomes affixed to the land becomes part
of the land, therefore title to the fixture is a part of and passes with title to the land and
consequently whosoever owns that piece of land will also own the things attached.
The definition for the term ‘fixture’ is not stated in National Land Code therefore the
reference of the term must be made to English Law. Fixture means any chattel that has been
annexed to the land or building so as to become part of it. As an example, door and ceiling
lights. In other words, a fixture is an item that is attached to the land and immovable. If the
item is a fixture, then it shall form part of land as stated in paragraph (d).

Chattel on the other hand can be defined as items that are movable and not permanently
attached to land or property. If the item is a chattel, then it shall not form part of land. The
examples of chattel furniture, chairs and curtains.
English Law provides two test to determine whether an item is a fixture or chattel which is
derived from the case of Holland v. Hodgson. The owner of a mill purchased some looms to
use in his mill. The looms were attached to the stone floor by nails driven into wooden beams.
It could be removed easily. The owner then mortgaged the mill and failed to pay and the mill
was repossessed. The question was whether the looms were fixtures forming of the land or
whether they remained chattels. The court held that the looms had become fixtures and thus
formed part of the land mortgaged.
The two tests are:
 The degree of annexation test; and
 The purpose or object of the annexation test
Degree of Annexation Test
It is an objective test on the physical attachment of the article. Raised a presumption by
looking at the degree to which the article is affixed to the land, give rise to a rebuttable
presumption that is part of the land. If an article is affixed to the land even slightly, it is
considered fixture. In the other hand, if an article is attached to the land by its own weight, it
remains a chattel as it is not considered as part of the land.
Purpose or Object of Annexation Test
The test is conducted at the intention of the person who affixes the item. The finding under
the degree test may be strengthen or rebutted by a consideration of the Purpose Test.
If an article is attached to the land for the enjoyment of the land as a whole, it would
strengthen the presumption that it is a fixture, where the degree of affixation to the land is
other than by its own weight.
If an article is attached to the land merely for more complete enjoyment and the use of the
item as a chattel itself, it rebuts the presumption that it is a fixture.
However, in such case, if the intention is to make the articles part of the land, they do become
part of the land. Intention in the context means to be assessed objectively and not subjectively.
It is the purpose which the object is serving which has to be considered, no the purpose of the
person who put it there.
When establishing the purpose and object of annexation, other consideration from the
circumstances of the case must be taken into account. Both the test stated above must be
applied when deciding whether an item is a fixture or chattel. Certain exceptions may apply as
an example in cases of tenant’s fixtures or if there are certain customs which allows fixtures
to be removed.
Application to Malaysia
In The Shell Co of The Federation of Malaya Ltd v Commissioner of The Federal Capital of
Kuala Lumpur. Underground tanks at petrol station are buried two feet below ground level,
turfed over and covered with concrete. The fact stated that “to remove the tanks, the turf,
concrete or tarmacadam is taken up, the earth excavated, the concrete manhole boxes
removed, all pipe connections unbolted and the tank, with its concrete sinker weights can then
be raised with blocks and tackle”. The court held that the tanks were intended to remain there
for as long as the petrol stations continue in operation so they are fixtures.
In Kiah bte Hanapiah v Sam bte Hanapiah, it was held that houses of the malay type resting
on stilts not buried into house considered as movable property. The judge later said that there
is a settled custom in this country that houses of this type are regarded as personality in which
ownership may be separated from ownership of the soil. It should be keep out from the
English law of fixtures.

Generally, the application of the maxim QuicQuid Plantatur Solo Solo Cedit does not very
much vary from the the application of the maxim at common law. In most cases, an analysis
of whether the item is fixture can be easily summarized by determining whether an items need
to be removed by tools.

References
US Legal, Inc. (n.d.). Quicquid Plantatur Solo, Solo Cedit Law and Legal Definition.
Retrieved from https://definitions.uslegal.com/q/quicquid-plantatur-solo-solo-cedit/.
Land Law Topic 2 - Land Law I - MMU. (n.d.). Retrieved from
https://www.studocu.com/en/document/multimedia-university/land-law-i/lecture-notes/land-
law-topic-2/5315326/view.
Ana, N. F. (2014, November 10). Fixtures in land law. Retrieved from
https://www.slideshare.net/nurfarhanaana9/fixtures-in-land-law.