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Joint adverse possession?
U Po Chu v Tsang Pui Ling [2016] HKEC 2673, CA, concerned a two storey stone house in Tsuen Wan. P brought possession proceedings against D1, a former tenant of part of the ground floor, amongst...
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Recovery of land transferred pursuant to an unlawful contract
In Li (or Lei) Ting Kit Tso v Cheung Tin Wah ([2016] HKEC 2720) the managers of a Tso entered into an oral agreement with D1. Under the terms of the agreement, the Tso would transfer land to D1 or a...
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Fixed term followed by periodic tenancy: a single term?
In Leeds City Council v Broadley ([2016] EWCA Civ 1212, CA (Eng)) a landlord granted a lease for an initial fixed term of six months and thereafter continuing on a monthly basis until either party...
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Proprietary estoppel and co-habitation
In Southwell v Blackburn ([2014] EWCA Civ 1347, CA (Eng)) B and S began to co-habit in 2002. S bought a house in his name and he alone made the mortgage payments. He did not envisage marriage precisely...
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Did son hold property on trust for his mother?
In Primecredit Ltd v Yeung Chun Pang Barry ([2016] HKEC 2667) title to the family home was in the name of a father and his son as joint tenants. The father died and the son became sole owner by virtue...
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Elderly father’s gifts to his children set aside on the grounds of undue...
In Chan Yuk Pui v Chan Yui Chi ([2016] HKEC 1891) the plaintiff (‘P’) was an elderly man who owned four properties as joint tenant with one of his sons. The complaints of the defendants (P’s other...
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Agreement determines whether landlords must give credit for security deposit...
In Power Plus Ltd v Fruit Design & Build Ltd ([2016] 5 HKLRD 707, LT) the tenant of a flat paid a security deposit of HK$150,000 at the commencement of the tenancy. The forfeiture clause provided...
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Failure to pay deposit by stipulated date: the seller did not waive the...
In Fast Happy Ltd v Lee Chun Pong Bruce ([2017] HKEC 121) the plaintiffs entered into provisional sale and purchase agreements (‘the agreements’) for the sale of land by the plaintiffs to the...
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England: oral agreements and the common intention constructive trust
In Matchmove Ltd v Dowding ([2016] EWCA Civ 1233, CA (Eng)) Matchmove (a company controlled by F, a property developer) was negotiating for the purchase of a plot of land (‘the land’) and the adjoining...
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Trustee acquiring property on his own account using trust property
In Tang Ying Loi v Tang Ying Ip ([2017] HKEC 204, CFA) D was the administrator of his father’s estate, his father having died intestate. D bought a property for himself for HK$27.3 million. He obtained...
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Family ownership disputes: when does Jones v Kernott apply?
In Wodzicki v Wodzicki ([2017] EWCA Civ 95, CA (Eng)) G and his wife (‘W’) bought a house intending that it should be a permanent home for G’s daughter (‘D’) and her children. Title to the house was in...
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Common intention constructive trust: condition attached to express agreement...
In Gallarotti v Sebastianelli ([2012] EWCA Civ 865, CA (Eng)) G and S were friends. They had each gone to England from Italy. G and S shared rented accommodation and then bought a flat. This was a...
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Sale of land as ‘agricultural land’ in the New Territories
In Splendid Resources Inc v Secretary for Justice ([2017] HKEC 504) the plaintiffs had constructed columbaria on land owned by them. The Government contended that this was a breach of the terms of the...
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Estoppel by convention: need for a common assumption or understanding
In Preedy v Dunne ([2016] EWCA Civ 805, CA (Eng)) D’s mother (J) and his step-father (B) were partners in a pub business. J owned the pub building. J died leaving her half share in the pub business to...
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The priority of unwritten equitable interests
In Si Tou Choi Kam v Wealth Credit Ltd ([2017] 1 HKLRD 1074) A and B acquired property as legal joint tenants. B’s creditor, C, obtained, and registered charging orders over the property. C then...
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Adverse possession by co-owner in breach of DMC
In Foremost Hill Ltd v Li Hon ([2017] HKEC 708) P and D owned adjoining shops in a building covered by a Deed of Mutual Covenant (‘DMC’). P had been in possession of part of D’s shop (‘the disputed...
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The equity of exoneration: family homes and indirect benefits
In Armstrong v Onyearu ([2017] EWCA Civ 268, CA (Eng)) title to Mr and Mrs Onyearu’s family home was in Mr Onyearu’s name but the couple had equal beneficial shares. Mr Onyearu borrowed money to...
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Common intention constructive trust: context
Cheung Lai Mui v Cheung Wai Shing ([2017] HKEC 740) concerned property that had been owned by three brothers (W, F and K) as tenants in common in equal shares. W died and D1 and D2 inherited W’s share....
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Car parking easements and the ouster principle: understanding Batchelor
In Virdi v Chana ([2008] EWHC 2901 (Ch)) A claimed to have acquired a car parking easement over land (‘the servient land’) partly owned by B. The question was whether the claim was invalidated by the...
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Ouster and car parking: applying Batchelor
In Kettel v Bloomfold Ltd ([2012] EWHC 1422) the claimants were long leaseholders of flats in a development. Their leases granted them the right to park in the car parking space identified in the...
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