Weekly Review: 29th July – 3rd August 2012

Adverse possession: Building Management Ordinance: Deed of Mutual Covenant: Tenancy in common

Where a tenant in common of a multi-owned building encroaches into a common part and uses it for private purposes, the common part always continues to be subject to the restrictions (including the restriction against converting common parts to private use) imposed (or deemed to be imposed) by the DMC (Man Hong Apartments (IO) v Kwong Yuk Ching).

Contract: unjust enrichment

A has no claim against B in unjust enrichment where the benefit was provided because of A’s contractual obligation to C (Costello v MacDonald & Co).

Leases: wrongful intereference with goods

A landlord who refuses to allow a third party to cross common areas to recover goods from a tenant who lawfully authorises the third party to make use of easements granted by the landlord can be liable for wrongful interference with goods (London Trocadero Ltd v Family Leisure Holdings Ltd).

Resulting trusts: presumption of advancement

The presumption is that a parent intends that assets placed in the name of one of his or her children to be a gift. It is a rebuttable evidentiary presumption (Antoni v Antoni ).

Unlawful structures: enforcement

The Building Authority’s enforcement guidelines prepared for internal purposes are not an exemption policy (Technic Investment Co Ltd v Appeal Tribunal (Buidings)).

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