Law Conveyancing / Tenancy / Land

Conveyancing and Property Litigation in Hong Kong, 2nd Edition

By Andrew Mak
LexisNexis Hong Kong February 2019

Specifications

ISBN-13
9789888477593
Publisher
LexisNexis Hong Kong
Publication
February 2019
Format
Paperback , 314 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

The ultimate resource for Hong Kong conveyancing litigation

Conveyancing and Property Litigation in Hong Kong provides much-needed guidance and insight in this important area of the law. High-profile areas, as identified by important recent cases, are covered in a practical and succinct manner, with a focus on areas of difficulty. Particular emphasis is given to the practical aspects of conveyancing litigation procedure, and the unique difficulties encountered in Hong Kong. Highly topical issues are covered in detail, including new chapters on Small Village House Litigation (Chapter 12) and Water Seepage Litigation (Chapter 13).

Property transactions are often complex, and legal problems are frequent. The large, and ever increasing, body of Hong Kong case law is testament to the number of difficulties encountered in even routine transactions.

Conveyancing and Property Litigation in Hong Kong provides much-needed guidance and insight in this important area of the law. High-profile areas, as identified by important recent cases, are covered in a practical and succinct manner, with a focus on areas of difficulty. A thorough understanding of these issues is essential for effective risk mitigation, thus making this work essential not only for those practicing litigation, but also those seeking to avoid it.

Particular emphasis is given to the practical aspects of conveyancing litigation procedure, and the unique difficulties encountered in Hong Kong. Highly topical issues are covered in detail, including new chapters on Small Village House Litigation
(Chapter 12) and Water Seepage Litigation (Chapter 13).

Unique in the Hong Kong market this important title is essential for litigators, conveyancers, academics, and any other legal practitioner interested in current legal problems in property law.

Table of Contents

1. Adverse Possession Litigation in Hong Kong
2. Requisition on Title in Sale of Property
3. Chinese Customary Law in Hong Kong
4. Common Intention Constructive Trusts
5. Rights over Neighbouring Land
6. User Restrictions and Obligations of Incorporated Owners
7. Contribution of Co-owners to Building Management Expenses
8. The Interpretation of Restrictive Covenants in Government Leases
9. Interlocutory Injunctions in Conveyancing Disputes
10. Property Valuation Litigation
11. Boundary Disputes
12. Small Village House Litigation
13. Water Seepage Litigation
14. Evidence and Procedure in Conveyancing Disputes

About the Author

Andrew Mak

Andrew practises mainly in commercial and property litigation. He has appeared regularly in trials and appeals in the High Court. Before 1997 he was led to appear in the Privy Council case of Silver Mountain Investments Ltd v Attorney General of Hong Kong [1994] 1 WLR 925. He is also active in international commercial arbitration and mediation both in Hong Kong and in Mainland PRC. He has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is a member of panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen (SAIC), Panel of Arbitrators of SCIA Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and Malaysia (KLRCA). He is also a Chinese legal consultant of the PRC in Shanghai. His legal opinion has been accepted by the PRC courts. He gives lectures at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics. He has written on a number of professional works including injunctions, disciplinary & regulatory proceedings, and also administrative law. These include “Law of Injunction in Hong Kong” 2nd Ed, (2018), Conveyancing Litigation in Hong Kong (2017), Disciplinary & Regulatory Proceedings in Hong Kong, 2nd Ed, (2015), and as contributor to Halsbury‘s Laws of Hong Kong Vol 1 Administrative Law, 2nd Ed (2014), Atkin's Court Forms Hong Kong (looseleaf) Administrative Law, Administrative Appeals Board Ordinance (Annotated), Emden’s Construction Law in Hong Kong Chapter 10, Butterworths Hong Kong Building Law Handbook 4th Ed.

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