In Chow Sai Ping v Chan Yam King ([2013] HKEC 199, CA) P and D owned neighbouring flats. The flats both opened onto a small side corridor. The question was whether the corridor was a common part or was part of the area owned by P. The DMC identified the corridor as being a common area but it was shown as being part of the land included in the later assignment to P’s predecessor. The Court of Appeal had no difficulty in concluding that the DMC had priority over the later assignment. The corridor was a common part.
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