Land Law

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
Land law — title/sale of land — requisitions — whether, in light of express terms in sale and purchase agreement, purchaser barred from raising requisitions in respect of unauthorised alterations and...
March 2015
Land law – compulsory sale for redevelopment – contested application – costs – compensation approach applied X obtained an order for the compulsory sale of a building under the Land (Compulsory...
December 2014
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
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
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