Nuisance and the ‘but for’ test
Introduction Japanese Knotweed (‘JKW’) is bad news for homeowners. Treatment is costly, takes a long time and while it can be managed, it seems that JKW cannot be wholly eradicated. Davies v Bridgend...
View ArticleAncillary relief claim not a proprietary interest in the family home
In WYM v LYM ([2024] HKCA 499) title to the family home was in the husband’s name. At first instance, it was decided that the wife had no beneficial interest under the doctrines of common intention...
View ArticleLife-changing consequences as detriment in proprietary estoppel: Winter v Winter
Introduction Is there detriment if a parent promises their child that they will inherit the family business if the child works in the business for the rest of the parent’s life and the child does so?...
View ArticlePresumed tenancy in common when partners acquire land for business purposes
Presumption of tenancy in common when business property is co-owned? Is there a presumption of an equitable tenancy in common when land is acquired by partners for the purposes of their partnership...
View ArticleJoint tenant does not die possessed of an interest in the co-owned property
Joint tenants and the right of survivorship The ownership interest of a joint tenant comes to an end on death. If one of two joint tenants dies, the survivor is, from then on, the sole owner (the...
View ArticleSun Hing Building (IO) v Join Profit (Hong Kong) Limited. Agreement to...
Introduction The dispute in Sun Hing Building (IO) v Join Profit (Hong Kong) Limited ([2024] HKCA 589) arose out of an agreement between the Incorporated Owners of Sun Hing Building (‘the IO’) and the...
View ArticleAn express declaration of trust can be varied by a subsequent common...
Express declaration of trust is conclusive In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on,...
View ArticleOuster of co-owner and adverse possession: Lin Loi Hing v PRs of Lin Lok Shi
In Lin Loi Hing v PRs of Lin Lok Shi ([2024] HKCFI 3056) Hon Tam J. had to consider whether one tenant in common had ousted the other and defeated the ousted co-owner’s title through adverse...
View ArticleNaming rights in a DMC: Falcome Company Limited v ZJ300 (IO)
In Falcome Company Limited v ZJ300 (IO) ([2024] HKCFI 2992) the court had to consider: (a) whether a naming right in a Deed of Mutual Covenant (‘DMC’) is proprietary; and (b) whether the naming (or...
View ArticleRights of way acquired by long user: Ching To Yuen Limited v Pristine Villa (IO)
Ching To Yuen Limited v Pristine Villa (IO) ([2025] HKCFI 388) concerned the use by Ching To Yuen Limited (‘P’) and its visitors / licensees of an access road on the neighbouring Pristine Villa estate...
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