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Herbert v Doyle: certainty and the common intention constructive trust
Introduction Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 requires agreements for the sale or other disposition of an interest in land to be in writing and section 2(3)...
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Weekly Review: 18th – 22nd February 2013
Contract: breach: waiver Making arrangements for completion of a contract cannot amount to a waiver of a contractual right of termination unless what is said and done amounts to an unequivocal...
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Easement by prescription when licence ends
In London Tara Hotel Ltd v Kensington Close Hotels Ltd ([2011] EWCA Civ 1356, CA (Eng)) Tara and KCH were the owners of adjoining hotels. KCH’s predecessors in title had had the benefit of a licence to...
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Deposit paid under void contract: whether recoverable depends on the parties’...
In Sharma v Simposh Ltd ([2012] 1 EGLR 113, CA (Eng)) Simposh granted Sharma an option to acquire property to be developed by Simposh. Sharma paid a deposit of GBP55,000. The agreement required Simposh...
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Encroachment by Government lessee: time did not start to run again in July 1997
In Lee Bing Cheung v Secretary for Justice ([2013] HKEC 255, CFI) L rented property in 1949 and bought the property in 1952. The land that he rented and then bought was partly land held under a lease...
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Section 2 Law of Property (Miscellaneous Provisions) Act 1989: oral...
In Keay v Morris Homes (West Midlands) Ltd ([2012] EWCA Civ 900, CA (Eng)) K entered into an agreement for the sale of land and the leaseback of part. MHL was to carry out building works on the part...
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Liability of successor-in-title for unlawful works carried out by predecessor
In Wah Fai Court (IO) v Lee Man Ho Joseph ([2013] HKEC 270, LT) unauthorised works had been carried out by L’s predecessors-in-title. The incorporated owners sought an order requiring L to remove the...
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Weekly review: February 25th – March 1st 2013
Contracts: formalities (England) All of the terms of a contract for the sale or other disposition of an interest in land must be in writing. If a contract is invalid, the fact that some of its terms...
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Conveyancing: requisition: no record of release of equitable charge
In Chun Tat Paper Co Ltd v Wong Ip Cheng ([2013] 1 HKLRD 571, CA) W’s predecessor had created an equitable charge ranking behind a legal charge. The predecessor later paid off the legal charge and...
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Proprietary estoppel and time for service of statutory notice by landlord
In Newport City Council v Charles ([2008] EWCA Civ 1541, CA (Eng)) C lived with his mother who had a secure tenancy for the purposes of England’s Housing Act 1985. C learned that it was unlikely that...
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Registration of Bankruptcy Order against spouse’s property
In Re Flat F 30/F Tower 20 (Hoi Kwai Mansion), Riviera Gardens ([2013] HKEC 286, CFI) H gave W the net proceeds of sale of a property he had sold. She used this money towards the cost of the renovation...
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Death does not bring an end to obligation to repay loan; deliberate...
In Lam Ching Sheung v P.R. of the Estate of Tam Shui ([2013] HKEC 294, CFI) L made a loan to TS and her husband (D2). This was not repaid and an oral agreement was entered into in 1999. L agreed to...
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Service charges: dispensing landlords from the consultation requirements of...
In Daejan Investments Ltd v Benson ([2013] UKSC 14) Daejan owned the freehold of a building with shops at the ground floor level and seven flats above, five of which were held on long leases. Works had...
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Weekly review: 4th – 8th March 2013
Leases: Service Charges: Landlord and Tenant Act 1985 (England): consultation A dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985 should be available...
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Intended common law lease taking effect in equity
In Parker v Taswell ((1858) 2 De Gex & Jones 559, 44 E.R. 1106) P sought specific performance of an agreement to grant a lease for a term of ten years. The agreement was signed by both parties but...
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Lease? Did parties intend there to be exclusive possession?
In Best Sharp Development Ltd v Lucky Shoe Repairing & Key Duplication Centre ([1988] HKEC 223, CA) BS were the tenants of a shop. They entered into an agreement that allowed LS to occupy part of...
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Lease: did the parties agree on exclusive possession for a term?
In Radaich v Smith (101 CLR 209) S had entered into an agreement that allowed R to occupy a lock-up shop for a five year term to carry on a business. R applied for a fair rent to be determined. R...
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Lease? Intention to create a legal relationship?
In Chan Yeung Kei v Chan Yeung Fai ([1998] 2 HKC 491, LT) B1 was the periodic tenant of a flat. When he moved out, his brother (B2) remained with his mother and sisters. B2 moved out after his mother...
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Leases: certainty of term
In Say v Smith ((1563) 1 Plowden 269, 75 E.R. 410) one of the questions was as to the validity of an agreement under which a tenant was to have a right (subject to paying the rent at the end of each...
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Weekly review: 11th – 15th March 2013
Agreement that tried but failed to create a lease An agreement having the essential elements of a lease, that intended to create a lease valid at common law but which was not under seal can still take...
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