Weekly review: 19th – 23rd March 2012

Co-ownership: order for sale

Where partition is impracticable, an order for sale should be made unless it is not beneficial to all co-owners or would cause undue hardship to a particular co-owner (Chan William Lai Yee v Chan Yau Yuen Fun Therese).

Leases: exclusive possession

When deciding whether an agreement grants exclusive possession of property, the court must look for the true bargain between the parties and be wary of being misled by labels or sham provisions (Aslan v Murphy (Nos 1 and 2)).

Leases: privity of contract: privity of estate

The relationship established by privity of estate does not rely upon the continuing liability of the original contracting parties (City of London Corporation v Fell).

Specific performance

Specific performance is ordinarily available where there has been a refusal to perform a contract to create or dispose of an interest in land (Tan Kim Guan v Tan Tee Theng).

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