Weekly review: 14th – 18th May 2012

Adverse possession: possession

There can be no possession of the bare surface of a wall. There needs to be some third dimension, some volume ( Sunbroad Holdings Limited v Unknown occupiers).

Building Management Ordinance: incorporated owners

Incorporated owners can make rules concerning elections to the management committee and these rules may lay down conditions for participating as a candidate in an election (Wong Kam Tong v Tin Shing Court, Yuen Long (IO)).

Contracts: formalities: memorandum

It may be possible for an SMS to act as a section 3 memorandum provided it either contains sufficient detail or can be read together with a document that does. It will need in some way to make it clear that it has been ‘signed’ (Distinct Fortune Ltd v Hyndland Investment Co Ltd ).

Easements: infringment: premature application for injunction

It is premature to apply for an injunction to restrain a potential infringement of an easement where the development work in question is still in the early stages of planning and the owner of the servient tenement has made it clear that it will respect third party rights. The owner of the dominant tenement must monitor the situation and make it clear that it will assert its rights (CIP Property (AIPT) Ltd v Transport for London).

Priorities: registration: application for ancillary relief

An application for a settlement of property order or a transfer of property order are prima facie registrable and the onus is on the owner to show why a registration should be vacated (Choi Sung Po v Lai Woon Lan).

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