Land Law

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
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Lands Tribunal — appeal — decision on review superseded original decision The Lands Tribunal allowed CLP Power’s appeal against the rating assessment of the Commissioner of Rating and Valuation (...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
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
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
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
Weather radar in applicant’s village — no legitimate expectation to alternative site The Director of the Hong Kong Observatory (the “Director”) applied for permission to replace in a village a...
July 2013
Tenancy not yet expired and binding on landlord — whether individual directors of landlord-company had actual or apparent authority to enter into new agreement A clan association and registered...
July 2013
Practice of describing defendant as group of unnamed persons —quia timet injunction The plaintiff (“P”) owned land in a large estate on which a proposed block of flats was to be built. Some...
June 2013
Applications for possession — under the amended Section 8(6), jurisdiction of Tribunal not confined to landlord and tenant applications X commenced these proceedings in the Lands Tribunal in the...
June 2013
Rights and obligations of owners —— costs of repair and renovation works to building —proper basis of calculation of contributions The Plaintiff (“P”) was the developer of a residential estate (...
May 2013
Common parts — whether disputed area part of plaintiff’s property or common area The Plaintiff (“P”) and Defendant (“D”), owners of adjacent residential units (the “Flats”), disputed ownership of...
May 2013
Assignment of legal charge — execution by foreign company — transfer signed by one person “duly authorised by the governing body” —transfer invalid as signatory had no authority to execute document...
April 2013
Compulsory sale for redevelopment —whether proper for tenant of properties on lot of land to be joined in main application — eligibility of tenant to oppose compulsory sale of leased property —...
April 2013
Title/sale of land — duty to give and show good title —absence of formal release — whether beyond reasonable doubt that purchaser would not be at risk of successful assertion against him of...
March 2013
The Stamp Duty (Amendment) Bill was gazetted on 28 December 2012. The Council reviewed and endorsed draft submissions on the Bill which had been prepared by the Revenue Law Committee and the...
March 2013