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Developer’s informal allocation of private parking space in the common area
In Faraday House (IO) v Shine Wheel Ltd ([2017] HKEC 957, LT) P was the purchaser of a flat in Faraday House in 1992. The estate was then a new development and she bought from the developer. She wanted...
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Relief from forfeiture will ordinarily only be granted once during a lease term
In Ramadour Industries Ltd v Bullen ([2017] HKEC 974, CA) L granted T a lease of a house on Lamma Island for a two year term. T fell into arrears with the rent but was granted relief from forfeiture. T...
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Adverse possession: the significance of a failure to fence rural land
In Winpo Development Ltd v Wong Kar Fu ([2017] HKEC 1093) P sought an order for possession in respect of land occupied by D. D relied on adverse possession in his defence and counterclaim. The claim...
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Interpretation of DMC apportionment provision and order for sale of...
In Hertford Mansion (Un Chau Street) (IO) v Wong Shing Kwan ([2017] HKEC 1154, DC) the Management Committee of an Owners’ Corporation decided to carry out major renovation works at the property. The...
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Adverse possession and the Land (Compulsory Sale for Redevelopment) Ordinance
In Chung Chiu Hing v Law Sam ([2017] HKEC 1198) Madam Law was the registered owner of a flat (‘the Flat’). P claimed to have acquired title through adverse possession. The Flat had been sold pursuant...
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Adverse possession: death of licensor terminates a licence
The facts of Hsieh Haw Shane Gary v Chang Ho Ying ([2017] HKEC 1246) illustrate that a licensor’s death terminates a licence to occupy land. Madam Chang was registered as the owner of a flat (‘the...
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Repairing covenant and the removal of a handrail from a staircase
In Dodd v Raebarn Estates Ltd ([2017] EWCA Civ 439, CA (Eng)) Mr D was staying in a friend’s first floor flat. He died after falling while walking down the staircase leading from the flat to the ground...
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Car parking spaces: common parts?
Tai Fat Development (Holding) Co Ltd v Gold King Industrial Building (IO) ([2017] HKEC 1366, CFA) concerned a dispute as to whether or not thirteen car parking spaces in the building were common parts....
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Easements of necessity
In Manjang v Drammeh ((1990) 61 P & CR 194, PC) R, having already occupied 63 Wellington Street in The Gambia for some time, was granted a lease of it for 21 years from 2 February 1977. R also...
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Settlement induced by misrepresentation that one of the parties had title to...
In Howin Industrial Ltd v China Group Global Ltd ([2017] HKEC 1485) P transferred land to D2 to D13 for no consideration. D2 to D13 were male indigenous villagers entitled to ding rights. D2 to D13...
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Equitable ownership of the family home: interaction of the common intention...
The Court of Appeal judgment in Primecredit Ltd v Yeung Chun Pang Barry ([2017] HKEC 1533, CA) deals with several important issues in the law of the ownership of the family home. A husband (‘H’) and...
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Compelling evidence of post-acquisition variation of common intention
In Chan Ling Ling v Chan Ching Kit ([2017] HKEC 1474) property was held by four siblings as tenants in common. The common intention at the time of acquisition was they would have equal shares. The...
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Equitable ownership: single framework for ‘domestic consumer’ and...
Marr v Collie ([2017] UKPC 17) is an important Privy Council decision re-stating the framework for deciding when equitable ownership differs from the ownership position as revealed by the legal title....
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Adverse possession: intention to possess when squatter was a licensee
In Jin Yu Chia v Personal Representatives of Lee Ah Hsin ([2017] HKEC 1829) the plaintiff lived with the registered owner of a flat from 1991 onwards. The plaintiff claimed that the relationship was...
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Objective nature of the intention to possess: where the squatter believed...
In Pang Yiu Chor v Wong Wai Leung ([2017] HKEC 1874) the Government mistakenly believed itself to be the owner of land in Fanling. In fact, the land belonged to the plaintiffs. The Government granted...
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Adverse possession: the slightest act of the paper owner sufficient to retain...
Tierra Trading Ltd v Land Base Ltd ([2017] HKEC 1809) was an adverse dispute between neighbours. The disputed land comprised landings and staircases between the neighbouring buildings. The plaintiffs...
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Variation of an express trust or a common intention constructive trust
In Insol Funding Company Ltd v Cowlam ([2017] EWHC 1822 (Ch)) Ms Cowlam and Mr Cowey began to co-habit in 1994 and had a son in 1995. They lived in a property owned by Ms Cowlam. They sold it and in...
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Equitable subrogation: one co-habitee charging interest to secured creditor...
In Insol Funding Company Limited v Cowlam ([2017] EWHC 1822 (Ch)) Ms Cowlam and Mr Cowey were equitable tenants in common of their family home. Mr Cowey gave his creditors (Insol) an equitable charge...
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Seminar about proprietary estoppel and the family home at CUHK Faculty of Law
We will run a seminar about the English Court of Appeal decision in Liden v Burton. Details are as follows: Session A: Date: 17 October 2017 (Tuesday) Time: 1:00 – 3:00 pm Venue: Classroom 3, CUHK...
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The equity of exoneration: tenant in common charging her share to protect...
Insol Funding Company Limited v Cowlam ([2017] EWHC 1822 (Ch)) also raised the question of the equity of exoneration. Ms Cowlam co-habited with Mr Cowey. They were equitable tenants in common of the...
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