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Issues In Property Law

A blog for academics, practitioners, students and anyone with an interest in property law and policy
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    Michael Lower
    • May 20, 2021
    • 1 min

    Treasure Hunting for the Golden Buddha: Property claims for cultural property

    You are invited to a meeting of the online Property Law Discussion Group at 12.15pm on 26 May (Wed). The speaker is Ms Yasmine Zahir,...
    26 views0 comments
    Posted by Admin
    • Mar 24, 2021
    • 9 min

    Let’s dispense with the formalities: proprietary estoppel and land contracts

    by Professor Michael Lower, CUHK LAW Introduction This blog post takes as its starting point the statement of Hon L Chan J. in Ng Yuk Pui...
    415 views0 comments
    Posted by Admin
    • Sep 9, 2020
    • 4 min

    Is Bruton a justifiable decision?

    by Mr. Fung Lap Tin, CUHK LAW PCLL candidate Introduction Can I grant a lease over the Ocean Park? Common sense says that I cannot,...
    265 views0 comments
    Posted by Admin
    • Jul 24, 2020
    • 4 min

    Toms v Ruberry: serving a notice under LPA s. 146 (CPO s. 58)

    by Professor Michael Lower, CUHK LAW Toms v Ruberry In Toms v Ruberry ([2019] EWCA Civ 128), the forfeiture clause in a business lease...
    317 views0 comments
    Posted by Admin
    • May 23, 2020
    • 9 min

    Lease or licence?

    Author - Michael Lower The lease / licence distinction and why it matters If a landowner agrees to allow someone else to occupy his or...
    1,094 views0 comments
    Posted by Admin
    • Apr 26, 2019
    • 9 min

    Estoppel where the family home is owned by a company

    Author - Michael Lower The inference of a trust when the family home is owned by a company controlled by a spouse In Prest v Petrodel...
    467 views0 comments
    Posted by Admin
    • Oct 4, 2018
    • 5 min

    Justice Without Limits: ‘all things to all judges’ in Stack v Dowden

    Author - Jenny To Introduction Dixon proposed that ‘Stack is all things to all judges’ (Dixon, 2007, 460) given that the court is...
    1,000 views0 comments
    Posted by Admin
    • Jul 12, 2018
    • 5 min

    Purely Contractual Lease in Hong Kong: controversy and problems

    Author - Sam Kwan Chun Wai Introduction The lease is considered a legal estate in Hong Kong (section 2, Conveyancing and Property...
    303 views0 comments
    Posted by Admin
    • Apr 9, 2018
    • 3 min

    Ownership of the Family Home: the Common Intention Constructive Trust or Proprietary Estoppel?

    Author - Austin Chan Tsz Him Rival doctrines for dealing with ownership of the family home When it comes to disputes about the ownership...
    1,230 views0 comments
    Posted by Admin
    • Apr 9, 2018
    • 4 min

    Problems of Detrimental Reliance in the Common Intention Constructive of the Family Home

    Author - Fong Ka Kei Introduction The question addressed here is whether the need to show detrimental reliance in making a common...
    2,306 views0 comments
    Posted by Admin
    • Mar 21, 2018
    • 3 min

    Rebutting the Presumption of Equality in Joint Name Cases

    Author - Cheng Ho Man A. Introduction Stack v Dowden ([2007] UKHL 17) looked at how the beneficial ownership of property is to be...
    817 views0 comments
    Posted by Admin
    • Feb 28, 2018
    • 4 min

    Post-Patel Era: Does the doctrine of Locus Poenitentiae Still Stand?

    Author - Leung Hoi Ming “No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act” (Holman v...
    804 views0 comments

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