Purchaser pays owner who enters into a second contract to sell to a third party
Introduction In Mui So Bing v Wan Chi Sing ([2019] HKCA 1341) D1 and D2 orally agreed to sell property to P. The parties later entered into signed written agreements; these were not registered at the...
View ArticlePartition where squatter acquires title to part of land of paper owner
In Fan Kiu v Li Kwai Wan ([2020] HKCFI 130) F acquired title by adverse possession to land. The land in question was part of the land covered by three separate formal titles. F sought partition of the...
View ArticleTenant holding over and negotiating new lease: when is there a periodic tenancy?
In Erimus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd ([2014] EWCA Civ 303) Erimus Housing occupied office premises under a five year lease. When the lease came to an end, they continued paying...
View Article‘Exclusive possession’ and property operated by charities
In Watts v Stewart ([2016] EWCA Civ 1247) Ashtead United Charity (‘Ashstead’) owned almshouses. Its governing instrument provided that the persons selected to occupy an almshouse had to be chosen from...
View ArticleExclusive possession and property guardians
In Camelot Guardian Management Ltd v Khoo ([2018] EWHC 2296) the court had to consider whether an agreement with a ‘property guardian’ created a lease or a licence. Facts Westminster City Council (‘the...
View ArticleOnline Property Law seminar – 18 March 2020
Blog readers might be interested in this upcoming online seminar.
View ArticleRelief from forfeiture of a contractual licence
In The Manchester Ship Canal Company Limited v Vauxhall Motors Limited ([2019] UKSC 46) the UK Supreme Court considered whether contractual licensees were entitled to apply for relief from forfeiture...
View ArticleOnline seminar – Sham and illusory trusts
Professor Steven Gallagher of CUHK’s Faculty of Law will deliver an online seminar on sham and illusory trusts on 22 April. Here is the registration link. Michael Lower
View ArticleRight of way: with vehicles or only pedestrian?
In The Dairy Farm Company Limited v Secretary for Justice ([2020] HKCFI 306), a 75 year Government lease of land in Pokfulam (‘the Lot’) to Dairy Farm contained a clause (‘SC20’) stating that: ‘“A...
View ArticleCoronavirus and Property Law
Here is a Brazilian website providing a ‘Coronavirus and Property Law’ portal. The link is to the international section with some English language resources.
View ArticleCan landlord of block of flats authorise a tenant to make structural...
Introduction In England, the usual arrangement for blocks of flats is for a landlord to retain ownership and control of common parts such as the structure and exterior of the building. Owners are...
View ArticleRichard Susskind keynote speaker at online conference in June
Professor Richard Susskind OBE, will be a keynote speaker at CUHK LAW “Directions of Legal Education Conference”. Professor Susskind will present a keynote address online, on Friday 19 June, 5.30-6.30...
View ArticleCo-owner in occupation ordered to account for income
In Tang Tak Sum v Tang Kai Fung (No 2) [2020] 2 HKLRD 338, P and D were tenants in common of a property, P owned a 25% share and D a 75% share. For many years, D granted leases and received the income...
View ArticleProperty Law seminar – 9 July
Major online property Law seminar. Still time to register....
View ArticleWhen does a landlord have right to serve a CPO s. 58 notice?
In Toms v Ruberry ([2019] EWCA Civ 128) the forfeiture clause in a lease required the landlord to serve notice of default on the tenant. The notice of default was to identify the breaches in question...
View ArticleCommentary on Toms v Ruberry
Just published this commentary on Toms v Ruberry in the CUHK Law Issues in Property Law blog. Michael Lower
View ArticleFather’s gift of property to son: Conditional on son’s caring for father?
In Yeung Hock Wai v Chan Wai Man ([2020] HKCFI 1693) a father gave his son a 25% interest in two properties owned by the father (‘the properties’). The son pre-deceased his father. After the son’s...
View ArticleThe family home. Types of constructive trust. The end of detrimental reliance?
Archibald v Alexander: the facts In Archibald v Alexander ([2020] EWHC 1621) a mother and her three children (Patsy, Brenda and John) orally agreed that a house would be purchased in the name of the...
View ArticleContractual intention and agreements between family members
Facts In Ho Lai King v Kwok Fung Ying ([2020] HKCA 657) the plaintiff (‘P’) owned property in Guangzhou. Ownership was resumed by the mainland authorities. P was an elderly woman. She asked her...
View ArticleOnline seminar 11 November: Equity and the enforcement of informal land...
Professors Alice Lee and Steven Gallagher and me. 11 November 6pm (Zoom). Here is the registration link. Michael Lower
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