Weekly review: 21st – 25th May

Adverse possession

Unbroken periods of adverse possession can be aggregated. Even after the limitation period has expired there is no need for a conveyance of the possessory title to a new squatter in the unbroken chain (Site Developments (Ferndown) Ltd v Cuthbury Ltd).

Building Management Ordinance: Deed of Mutual Covenant: Incorporated Owners: Decision to enforce DMC

Once an owner has shown that there is sufficient evidence to suggest a breach of the DMC and that a reasonable incorporated owner would take action, the burden shifts to the incorporated owners to show why an injunction should not be granted requiring them to take action (Estoril Court (IO) v Cheer Rich Enterprises Ltd).

Contract

Once an enforceable contract has been formed the later use of ‘subject to contract’ to qualify discussions of possible amendments does not mean that there is no longer a binding agreement (Au Wing Cheung v Roseric Ltd).

Lease renewal: Landlord and Tenant Act 1954 (England)

When faced with a landlord opposing the grant of a new lease on the grounds that he intends to carry on his own business from the property, there is an assumption that the landlord has already recovered possession at the end of the lease. This is relevant when considering what the parties are likely to do next (Humber Oil Terminals Trustee Ltd v Associated British Ports).

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