Weekly Review: 23rd – 27th July

Conveyancing: good title: requisitions

The seller has a duty to show and give good title and requisitions that bear on this central obligation must be answered whenever they are raised (whether or not within the contractual timetable for raising requisitions) (Big Most Ltd v Chau Wah Hung).

Deed of Mutual Covenant: equity: clean hands

An owner in breach of covenant may be denied equitable remedies where he is also in breach of covenant on the basis that he does not come to equity with clean hands (Perfect China International Ltd v Chan Yat Siu).

Deed of Mutual Covenant: incorporated owners: shrine

A shrine is a ‘sign’ and fell within a prohibition on signs outside flats (Goodwell Property Management Ltd v Garg Lalit Kumar).

Express trusts and resulting trusts

It is permissible to plead that there is either an express trust or a resulting trust if each possibility is consistent with the same factual matrix (Tee Yok Kiat v Pang Min Seng).

Easements: abandonment

The mere fact that an easement has not been used for many years is not evidence of abandonment if the non-use is attributable to the availability of a practical alternative means of access (Re Clarke).


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