Clik here to view.
Social dimension of private property
My article, Have we forgotten the social dimension of private property? has just appeared in the SCMP. The link is here.
View ArticleClik here to view.
Holding over with landlord’s consent: tenancy at will or periodic tenancy?
In Erismus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd ([2014] EWCA Civ 303, CA (Eng)) EHL were tenants of Barclays under the terms of a five year lease that expired on 31 October 2009. They...
View ArticleClik here to view.
Break clauses: the conditions for valid exercise of a break right must be...
In Friends Life Limited v Siemens Hearing Instruments Limited ([2014] EWCA Civ 382, CA (Eng)) S were tenants and the lease contained a break clause giving them the right to determine the lease before...
View ArticleClik here to view.
Ownership of roof voids depends on proper construction of the relevant deeds
Hong Kong Mansion, Causeway Bay (IO) v Bothlink Ltd ([2014] 2 HKLRD 78, CA) concerned the ownership of roof voids. The incorporated owners argued that they were common parts and sought to recover them...
View ArticleClik here to view.
Common intention constructive trust and equity’s darling
In Mo Ying v Brillex Development Ltd ([2014] HKEC 724, CFI) title to the flat that was the matrimonial home was in H’s name alone. H entered into an agreement to sell the flat to B and took a lease...
View ArticleClik here to view.
Proprietary estoppel: holistic approach to detriment
In Davies v Davies ([2014] EWCA Civ 568, CA (Eng)) a couple owned a farm. Their youngest daughter (E) lived with the parents for much of the time up to the time of her final falling out with them. E...
View ArticleClik here to view.
Obligations to repair and reinstate on the expiry of the term: written notice...
In L Batley Pet Products Ltd v North Lanarkshire Council ([2014] UKSC 27) L was the intermediate landlord and T was sub-tenant. The head-lease and sub-lease contained full repairing covenants and the...
View ArticleClik here to view.
Break clause: right to repayment of rent for period after the termination?
In Marks & Spencer plc v Bnp Paribas Securities Services Trust Company (Jersey) Ltd ([2014] EWCA Civ 603, CA (Eng)) a lease contained a break clause. If exercised, the lease would determine in...
View ArticleClik here to view.
Implication of a term is an aspect of contractual interpretation
In A-G of Belize v Belize Telecom Ltd ([2009] UKPC 10, PC) the question was whether a term should be implied into the articles of association of a company (‘the company’) that had been formed to carry...
View ArticleClik here to view.
Effect of failure to register a written declaration of trust
In HKSAR v Lau Kam Ying ([2013] HKEC 1503, CFA) Company X transferred the title to land to indigenous villagers. The villagers executed declarations of trust to the effect that each of them held his...
View ArticleClik here to view.
Presumption of advancement between mother and child in Hong Kong
Suen Shu Tai v Tam Fung Tai ([2014] HKEC 1125, CA) is a case where a mother transferred two properties to her daughter. The question was whether the daughter held the properties on resulting trust. The...
View ArticleClik here to view.
Resulting trusts and land transferred under an unlawful joint development...
In Tang Teng (or Ting) Hong (or Hon) v Cheung Tin Wah ([2014] HKEC 643, CFI) a Tso transferred property to a developer under the terms of a development agreement that provided for the return of the...
View ArticleClik here to view.
England: trespassing in residential premises has been criminalised. Can...
Best v Chief Land Registrar [2014] EWHC 1370 (Admin) This English case looks at whether a claim to adverse possession can be based on possession which amounted to a criminal offence (and not merely the...
View ArticleClik here to view.
Interpretation of user clause: was there a positive obligation to use the...
Youseffi v Musselwhite ([2014] EWCA Civ 885, CA (Eng)) is an English Court of Appeal case arising out of a lease renewal case under Part II of the Landlord and Tenant Act 1954. It does, however, raise...
View ArticleClik here to view.
Using extrinsic evidence where the property description is unclear
In Superene Ltd v Metro Fair Ltd ([2014] HKEC 99, CA) the Court of Appeal had to consider whether an assignment had included the whole of a column next to the front entrance of the property that had...
View ArticleClik here to view.
Ownership of land normally includes everything below the surface
In Grigsby v Melville ([1974] 1 WLR 80, CA (Eng)) a property in single ownership had been divided into two semi-detached properties and each of these was sold to a separate buyer (P and D...
View ArticleClik here to view.
Periodic tenancy: service of notice to quit on the tenant’s solicitor
In Hau Gay Yau v Wong Muk Din ([2014] HKEC 1456, CA) a landlord served notice to quit to determine a periodic tenancy on the solicitor acting for the tenant. The Court of Appeal, overturning the first...
View ArticleClik here to view.
There is no equitable lease unless specific performance of the agreement...
In Warmington v Miller ([1973] QB 877, CA (Eng)) M’s lease contained a covenant prohibiting him from assigning, underletting or parting with possession of part only of the demised premises. He entered...
View ArticleClik here to view.
Periodic tenancies and freedom of contract
Re Threlfall ((1880) 16 Ch D 274, CA (Eng)) concerned a lease at a yearly rent of GBP 800 payable in equal quarterly installments. The landlord had the right to enter at any time after three months...
View ArticleClik here to view.
Easement by prescription to create a noise that would otherwise be a...
In Lawrence v Fen Tigers Ltd ([2014] AC 822, SC) (Coventry v Lawrence) C used former farmland near a village for speedway and similar types of racing. The land used as the stadium had planning consent...
View Article