Weekly review: 18 – 23 July

From now on, Saturday’s posting will not be a new case but a round-up of the new postings from the previous week. The round-up will give a summary of the blog posts and sometimes some of the context relating to them.

Easements of necessity are based on intention

When A transfers part of his land to B, an easement of necessity might be implied into the transfer where otherwise the land could not be put to any use without the claimed easement. The easement is implied because the court decides that the parties must have intended that the land could be put to some use. Where the transfer makes it clear that no grant of an easement is intended there can be no easement of necessity Nickerson v Barraclough.

Dealings with property acquired under Hong Kong’s Home Ownership Scheme

Hong Kong’s Home Ownership Scheme aims to help people get onto the housing ladder. Property held under the scheme can be co-owned and can be sold but there are conditions and procedures to be observed. As Cheung Shu Yin v Yip So Wan illustrates, failure to observe the relevant procedure results in the alienation (here the creation of an interest under a resulting trust) being void.

Licensee may be estopped from denying licensor’s title

A licensee who knew the nature of the title claimed by the landlord when accepting a license is estopped from denying that title (Terunnanse v Terunnanse). So if the licensee has any doubts and may wish to raise them he should do so sooner rather than later.

Priority of charging orders

Charging orders have to be re-registered every five years and then take effect for a further five years from the date of re-registration. They retain priority as from the date of registration and not the subsequent re-registration (Incorporated Owners of Century Centre v Bank of China (Hong Kong))

The right of support and protection from the weather

Terraced or semi-detached properties may be so designed that they rely on each other for structural support. If this situation persists for long enough, an easement of support can be claimed based on prescription. This right of support includes a right to protection from structural damage caused by the impact of the weather on the support enjoyed by the remaining property (Rees v Skerrett) even though there is no general right to protection from the weather (Phipps v Pears).


2 Responses to “Weekly review: 18 – 23 July”

  1. Keith Thomas Says:

    Thanks Mike…. towards synthesis.
    Is there a way to categorise issues (and alphabetical order?)

    • Michael Lower Says:

      Hi Keith,
      Thanks for this. WordPress allows you to create categories for your post and these appear at the foot of the post. I use this feature.

      Is your idea that the heading should be more communicative, making the topic clearer?

      I thought about the alphabetical order idea. It will only work if you start the title with a clear category eg “Easements: …..” That might be good.

      Saturday’s effort was a start. This week I’ll write the round-up posts each day ready for release on Saturday. That will give me time to write more by way of context and to provide links to other blog posts and possibly to other online sources.



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