Weekly review: 30th January – 3rd February 2012

Chinese customary trusts

Chinese customary trusts can only be established, and their terms can only be varied, in the way prescribed by Chinese law and custom. Compensation paid by the government on the resumption of land belonging to such a trust is also trust property (Tang Che Tai v Tang On Kwai).

Leases: repairing covenants

There must be some elements of deterioration of the property (as compared to its original state) before there can be any question of repair (Quick v Taff-Ely Borough Council). The repairing covenant can come into play when a defective element which has not deteriorated causes other parts of the property to deteriorate (Post Office v Aquarius Properties  Ltd).

Pallant v Morgan equity

The equity requires some kind of unconditional agreement, arrangement or understanding to share. If this arrangement is subject to contract then the equity does not arise (London & Regional Investments Ltd v TBI plc).

Proprietary estoppel

Where a landowner has made it plain that he has rights inconsistent with the interest of the proprietary estoppel claimant, the fact that he does not issue a further warning when he sees the claimant incurring expenditure on the land does not amount to an assurance by way of silent encouragement (The Master or Keeper, Fellow and Scholars of Clare Hall v Harding).

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