Land Law

Government lease – conditions – grantee under obligation to take over maintenance and responsibility for road – whether, on proper construction of special condition, obligation extended to man-made...
November 2017
Title/sale of land – assignment – application for order for execution of confirmatory assignment to rectify error – defendant dissolved long before proceedings commenced – proceedings not properly...
June 2017
The Property Management Services Ordinance (Cap. 626) (“Ordinance”) was enacted in October 2016. The Ordinance aims to promote the integrity and standard of property management services, by providing...
February 2017
Co-ownership – partition – application for order for sale of land under s. 6 – “very great hardship” shown X was adjudicated bankrupt. Together with her father, Y, they held property as joint...
January 2017
As an attempt to cool off residential property market, the Hong Kong Government, on 4 November 2016, announced that the Stamp Duty Ordinance would be amended to increase the ad valorem ...
December 2016
Before Disneyland, Penny Bay was slated for the construction of Container Terminals 10 and 11. They never got built, and reclamation of the bay did not take place until many years later, when the...
November 2016
Joint investment in property for sub-sale before completion – whether implied term in agreement regarding return of contribution made by one party in event of sub-sale not materialising before...
April 2016
Co-ownership – partition – loan agreement between moneylender and borrower being tenant in common of property – borrower’s half share of property secured for loan – money lender “person interested”...
March 2016
Adverse possession – occupant who mistakenly believed to be lawful tenant not precluded in law from invoking adverse possession – non-payment of government rates and payment of utility charges –...
March 2016
Building management – change of user – change of user materially different to user stated in occupation permit – change did not breach clause in deed of mutual covenant prohibiting illegal use of...
February 2016
Government lease – construction of “appertain” – features outside of lots could “appertain” to lots if indispensable to construction of buildings of lots and/or essential to survival of buildings and...
February 2016
Small House Policy – amenability of decisions of Director of Land to judicial review Xs were registered owners of various plots of land in the New Territories, having applied to the District Lands...
January 2016
Parties – anonymity – causing of embarrassment or inconvenience or emotional disturbance to party, even though with medical condition, was insufficient for granting of anonymity order In...
January 2016
Registration – lis pendens – counterclaim for injunction requiring plaintiff to remove unauthorised building works within premises – not registrable as lis pendens P, the owner of a flat in a...
November 2015
Co-ownership – tenants-in-common – one tenant-in-common entitled to bring possession proceedings without joining other tenants-in-common as X and Y were two of four tenants-in-common of land who...
October 2015
Constructive trust – common intention constructive trust – whether established M and F were the parents of S. In May 1997, M and S acquired a Home Ownership Scheme flat, which required M and F to...
September 2015
Decision on compliance of conditions under planning permission not “decision” of Board under s. 16 – not reviewable under s. 17 Xs applied to the Town Planning Board (the “Board”) for planning...
September 2015
Resumption – Lands Tribunal had no jurisdiction to deal with application for ex gratia payment – Lands Resumption Ordinance (Cap. 124) s. 10(2)(c) Chan Kam Chuen v Secretary for Transport [2015] 2...
July 2015
Compensation for resumption – whether subject to Chinese customary law – New Territories Ordinance (Cap. 97) ss. 2, 13(1) P was the son of F, the deceased, whose estate included two lots of New...
June 2015
Adverse possession – period of adverse possession accumulated against Colonial Hong Kong Government as lessee ended on 30 July 1997 P claimed that it and its predecessors-in-title of two lots of...
April 2015