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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...
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