Liability of successor-in-title for unlawful works carried out by predecessor

In Wah Fai Court (IO) v Lee Man Ho Joseph ([2013] HKEC 270, LT) unauthorised works had been carried out by L’s predecessors-in-title. The incorporated owners sought an order requiring L to remove the unauthorised works. L argued that he was not liable since the work had been done before he became the owner. This failed. This was a continuing breach of a negative covenant and successors are liable by virtue of section 41(3) of the Conveyancing and Property Ordinance ([31]).

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