Land Law

Land law – adverse possession – hereditary t’ong – person in adverse possession could not extinguish title of t’so or t’ong under Limitation Ordinance unless requisite limitation period against all...
December 2014
Contract law – illegality – agreement to develop house on land under Small House Policy – statutory declaration by applicant, who was mere nominee, that he was “sole owner” of land – Government would...
November 2014
Land law — title/sale of land — unit in multi-storey building — potential liability of unit owner to meet contribution to funds of incorporated owners in ongoing legal proceedings — offer for...
October 2014
Land law — title/sale of land — duty to show and give good title — whether real risk of claim against vendor’s title by residuary beneficiaries In May 2011, P agreed to purchase from V the ground...
September 2014
Land law - building management - common parts - “voids” in building - whether common areas - whether reserved to developer or assigned to defendant’s predecessor-in-title P was the incorporated...
August 2014
Voidable disposition—whether inference of intent to defraud creditors to be drawn from facts This was an action by the Ps under s.60 of the Conveyancing and Property Ordinance (Cap. 219) to set...
May 2014
Beneficial ownership —common intention constructive trust established The plaintiff (“P”) and defendant (“D”) were siblings. P set out that their family decided in June 1981 to buy a new family...
March 2014
Compensation for resumption of land — Lands Tribunal proper forum for resolving dispute on amount payable X was the former owner of part of a property which was resumed for redevelopment by the...
February 2014
Lands Tribunal — appeal — decision on review superseded original decision The Lands Tribunal allowed CLP Power’s appeal against the rating assessment of the Commissioner of Rating and Valuation (...
February 2014
Whether defects went to root of title and could not be discovered with due diligence so that purchaser entitled to raise requisitions out of time The plaintiff (“P”) agreed to purchase from the...
February 2014
Profits tax — allowable deductions — statutory definition The taxpayer (“T”) supplied plastic, custom-made garment hangers, which were manufactured by two mainland Chinese factories. The moulds...
February 2014
Should the value of hope be awarded in land resumption cases where relevant development potential would have been expected? The author explores. In Hong Kong development potential often vests in...
February 2014
Lands Tribunal — appeal — decision on review superseded original decision The Lands Tribunal allowed CLP Power’s appeal against the rating assessment of the Commissioner of Rating and Valuation (...
February 2014
Title/sale of land — misdescription of property in assignment by company In 1987, a company (“C”)executed an assignment of a property in favour of an associated company (“P”). The assignment...
January 2014
Adverse possession — whether possessory title established by non-owner From about October 1969, the first plaintiff (“P”) and his mother had exclusive possession of two portions of the common...
January 2014
A follow-up to an earlier article in this journal – which might have prompted an amendment to the Listing Rules - the authors here uncover more on what listing entities need to know about the new...
January 2014
Judicial review of decision of Appeal Tribunal (Buildings) — whether applicants’ legitimate expectation defeated In 1997, the Building Authority (“BA”) approved building plans for a combined...
December 2013
Ancestral worship trust — trust, if created, defeated by registration of interest under New Territories Ordinance F and PF were two of four brothers who were heads of their respective fongs in the...
November 2013
Cancelling government land licences and requiring cessation of occupation of land — disputes as to validity of licences matter of private law The licensee (“X”) of two Government land licences (“...
August 2013
The author believes that the recent Section 16 planning application of No.27 Lugard Road highlights the flaws of Hong Kong’s conservation legislation, and inspiration should be sought further afield...
August 2013