Weekly Review: 4th – 8th February 2013

Adverse possession: Tso

Each member of a Tso or Tong has his own lifetime equitable interest that is not derived through the managers or any other person. Each member’s equitable interest gives a right to possession. The interest can be defeated by adverse possession but, until it is, the holder of any such interest can bring possession proceedings (Leung Kuen Fai v Tang Kwong Yu). Where there remain one or more equitable interests that have not been defeated by adverse possession, the estate of the managers is not defeated. This is the result of section 10(2) of the Limitation Ordinance (Wong Shing Chau v To Kwok Keung).

Conveyancing: enforcement measures: title

Where the risk of enforcement measures being taken by a Governmental authority is small the risk is unlikely to constitute a defect in title. The seller may be required to make reasonable financial arrangements to protect the buyer against the risk of having to incur any part of the eventual cost of carrying out the measures (E-Global Ltd v Trenda Ltd).

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