Guest v Guest – summing up (for now)
I’ve posted a contribution with some interim conclusions on Guest v Guest in CUHK’s Issues in Property Law blog. Here is the link. Michael Lower
View ArticleFearn v Trustees of the Tate Gallery
Introduction The Trustees of the Tate Gallery created a viewing gallery on the top floor of the Blavatnik Building, part of the Tate Modern Museum. Visitors to the viewing gallery could see into some...
View ArticleIllegality and adverse possession in Hong Kong after Patel
Introduction Monat v All person(s) in occupation of part of the remaining portion of Lot No 591 in Mui Wo DD 4 No 16 Ma Po Tsuen, Mui Wo ([2023] HKCA 479) is an important case in several respects....
View ArticlePossession claim by a tenant by estoppel
Tsang Shu Wo v Person unknown in occupation of Lot No 2643RP in DD 120, Yuen Long, New Territories, Hong Kong ([2023] HKCA 644) concerned a possession claim by a person claiming to be the sub-tenant...
View ArticleLandlord’s liability for a tenant’s nuisance
Introduction Imagine that the resident of a nearby flat regularly plays loud music late at night or, perversely, decides to carry out noisy renovation works during the late evening. These acts may...
View ArticleNuisance caused by one tenant and harming a neighbouring tenant where there...
Introduction Where a single landlord owns an entire building or estate with multiple tenants, are they responsible to their tenants for a nuisance created by one of their number? Can the other...
View ArticleImplying a term that contractual licence can be terminated on reasonable...
The recent Court of Appeal decision in Hong Kong Polytechnic University v Rehabaid ([2023] HKCA 856) looked at whether a right to terminate by giving reasonable notice could be implied into a...
View ArticleBeneficial interest in land arising from contributions to purchase price –...
A presumed resulting trust can arise where title to land is in A’s name but B contributed to the purchase price. The same facts would readily give rise to an inference that B has a beneficial interest...
View ArticleOral land contracts and proprietary estoppel: Thandi v Saggu
The problem of oral land contracts and proprietary estoppel England’s Law of Property (Miscellaneous Provisions) Act 1989 (‘LPMPA’) requires land contracts to be in writing and signed by both parties....
View ArticleMarr v Collie: The interaction between presumed resulting and common...
Introduction How should the court proceed where the facts of a case are such that the presumed resulting trust (‘PRT’) and the common intention constructive trust (‘CICT’) might each be applicable?...
View ArticleCan legal tenants in common create an equitable joint tenancy?
Introduction Is it possible for legal tenants in common to create an equitable joint tenancy? If a couple own a flat as legal tenants in common, can they declare that they hold the title to the flat...
View ArticleRegistrability of agreements for the sale of shares in a property-owning company
Registrability of agreement for the purchase of shares of a company whose only main asset is land Hundred Gain International Holding Limited v Cheng Mei Holdings Limited ([2023] HKCFI 2705) concerned...
View ArticleDetermining whether external walls are common parts
Donora Company Limited v Tsuen Kam Centre (IO) ([2024] HKCFA 3 ) considered whether the external walls of a building were common parts of the building or were intended for the exclusive use of the...
View Article‘Newcomer’ injunctions and the UK Supreme Court
Introduction The recent UK Supreme Court (ÚKSC’) judgment in Wolverhampton City Council v London Gypsies explores the courts’ ability to grant ‘newcomer’ injunctions and the conditions to be satisfied...
View ArticleNuisance 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...
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