Weekly Review: 10th – 14th October

Adverse possession: intention to possess: licence

Where a landowner (within the limitation period) gives a unilateral licence to a squatter that is not rejected, time is no longer running for the purposes of the Limitation Ordinance (B.P. Properties Ltd v Buckler).

Contracts: part performance

Whether the act of part performance has to point to the existence of a contract or, more specifically, a contract concerning land is not clear from the House of Lords judgments in Steadman v Steadman. There are obiter in In Re Gonin to the effect that the acts must point to the existence of a contract concerning land.

Deed of Mutual Covenant: consent of incorporated owners

Where the Deed of Mutual Covenant provides that the consent of the managers is needed for certain actions or activities there is an implied term that this will not be unreasonably withheld. Incorporated owners are not, however, a public body subject to judicial review; they operate in a contractual framework (李延康 v 韻濤居業主立案法團).

Equitable interests: third parties: notice

A purchaser who has no knowledge of an equitable interest is unlikely to be in bad faith (Ng Luk  Mui v Shiu Tsun Wai Vincent).

Proprietary estoppel

When deciding on the award in a proprietary estoppel case, there must be some proportion between the expectation and the detriment. This might mean that the expectation is sometimes not fully met by the award (Jennings v Rice).


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