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Conveyancing and Property Litigation in Hong Kong – Third Edition
Author: Andrew Mak
Conveyancing and Property Litigation in Hong Kong – Third Edition includes significant developments since the 2nd edition came out in 2019, and over 50 cases have been discussed. These include the Court of Final Appeal decisions in Cheung Lai Mui v Cheung Wai Shing on the requirements of equity to recognise and give relief based on proprietary estoppel; Kwok Cheuk Kin v Directors of Lands on the constitutionality of the Small House Policy; HKSAR v Chan Kam Ching on the abuse of the Small House Policy using false instruments; Court of First Instance (“CFI”) decisions on adverse possession; as well as other CFI cases including Lee Kok Che v Royal Mortgage Ltd on the different approaches in Hong Kong and Canada in relation to whether long-standing users of a stretch of road in the rural area are entitled to a public right of way.
Publication Date: July 2023
Publisher: LexisNexis
Property transactions are often complex, and legal problems are frequent. The large, and ever increasing, body of Hong Kong case law is a testament to the number of difficulties encountered even in routine transactions.
Conveyancing and Property Litigation in Hong Kong provides much-needed guidance on and insights into this important and developing area of the law.
Particular emphasis is given to the more current and practical aspects of the land and conveyancing litigation procedure, and the difficulties unique to property law in Hong Kong. A thorough understanding of these issues is essential for effective risk mitigation, thus making this book a must-read not only for legal practitioners, but also for those seeking to avoid potential disputes or litigation in property transactions.
- Adverse Possession Litigation in Hong Kong
- Requisition on Title in Sale of Property
- Chinese Customary Law in Hong Kong
- Common Intention Constructive Trusts, Promissory Estoppel, Proprietary Estoppel and Resulting Trusts
- Rights over and Obligations towards Neighbouring Land
- User Restrictions and Obligations of Incorporated Owners
- Contribution of Co-owners to Building Management Expenses
- The Interpretation of Restrictive Covenants in Government Leases
- Interlocutory Injunctions in Conveyancing Disputes
- Property Valuation Litigation
- Boundary Disputes
- Small Village House Litigation
- Water Seepage Litigation
- Evidence and Procedure in Conveyancing Disputes
