Weekly review: February 25th – March 1st 2013

Contracts: formalities (England)

All of the terms of a contract for the sale or other disposition of an interest in land must be in writing. If a contract is invalid, the fact that some of its terms are performed does not mean that the remaining terms have legal effect (Keay v Morris Homes (West Midlands) Ltd)

Contracts: deposits: recovery of deposit where contract for sale of land is void

Where a land contract is void, whether any deposit that has been paid is recoverable depends on the agreement of the parties concerning the deposit (Sharma v Simposh Ltd)

Deed of Mutual Covenant: Land covenants: liability

A successor-in-title is liable in respect of a continuing breach of a restrictive covenant initiated by a predecessor-in-title (Wah Fai Court (IO) v Lee Man Ho Joseph)

Easements by prescription

The existence of an express or implied licence has to be proved in the usual way (London Tara Hotel Ltd v Kensington Close Hotels Ltd

Encroachment on unleased Government land

Time did not start running again in July 1997 against the Hong Kong government for the purposes of the operation of the doctrine of encroachment (Lee Bing Cheung v Secretary for Justice)


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