An express declaration of trust can be varied by a subsequent common...
Express declaration of trust is conclusive In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on,...
View ArticleOuster of co-owner and adverse possession: Lin Loi Hing v PRs of Lin Lok Shi
In Lin Loi Hing v PRs of Lin Lok Shi ([2024] HKCFI 3056) Hon Tam J. had to consider whether one tenant in common had ousted the other and defeated the ousted co-owner’s title through adverse...
View ArticleNaming rights in a DMC: Falcome Company Limited v ZJ300 (IO)
In Falcome Company Limited v ZJ300 (IO) ([2024] HKCFI 2992) the court had to consider: (a) whether a naming right in a Deed of Mutual Covenant (‘DMC’) is proprietary; and (b) whether the naming (or...
View ArticleRights of way acquired by long user: Ching To Yuen Limited v Pristine Villa (IO)
Ching To Yuen Limited v Pristine Villa (IO) ([2025] HKCFI 388) concerned the use by Ching To Yuen Limited (‘P’) and its visitors / licensees of an access road on the neighbouring Pristine Villa estate...
View ArticleOwnership of funds in a joint bank account: Poon Loi Tak v Poon Loi Cheung...
Family members (couples, parents and children) often set up joint bank accounts. They may intend to signal that the money in the accounts is their joint property. Or the account may be set up for...
View ArticleAssignment completed but purchase price not paid: does the purchaser hold the...
In Ho Wai Kwong v Ho Kam Chui ([2025] HKCA 174) the Court of Appeal looked at the effect of an innocent party’s election to accept the other party’s repudiatory breach. This discharges the innocent...
View ArticlePresumption of equality where the family home is in joint names: Chen Lily v...
Where legal title is in joint names but there is no express declaration concerning beneficial ownership, there is a rebuttable presumption of a beneficial joint tenancy. This is even more likely to be...
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