Foreword to the Third Edition
Preface to the Fourth Edition
Table of Abbreviations
Table of Cases
Table of Legislation
Table of Statutory Instruments
Table of Foreign Legislation
Chapter 1 Tenures, Estates, Land and Property
I. Tenure
2. Estates
3. Land
4. Property
5 Land Administration
Chapter 2 Sale of Land
1. Stage One: Pre-formal Contract
2. Stage Two: Contract
3. Stage Three: Between Contract and Completion
4. Stage Four: Completion
5. Stage Five: Post-completion
6. Cases Where a Contract May Not be Necessary
Chapter 3 Proprietary Estoppel
1. Introduction
2. Elements of Proprietary Estoppel
3. Satisfying Proprietary Estoppel
Chapter 4 Trusts
1. Whatisatrust?
2. The Origin of Trusts
3. The Binding Effect of a Trust
4. Ascertaining Beneficial Ownership
5. Conveyancing Classification
Chapter 5 Co-Ownership
1. Trusts and Co-ownership
2. Types of Co-ownership
3. How to Distinguish Between a Joint Tenancy and a Tenancy in Common
4. Transfer of Legal Estate in Co-owned Land
5. Disposition of Co-owned Equitable Interests
6. Limitations on the Co-owners' Rights ofOccupation
7. Severance of Joint Tenancy
8. Destruction of Co-ownership
9. Co-ownership and Multi-storey Buildings
Chapter 6 Limitation Ordinance and Adverse Possession
1. Effects of the Limitation Ordinance on Present Interests
2. Effects of Limitation Ordinance on Future Interests
3. Effects of Limitation Ordinance on Leasehold Interests
4. Adverse Possession in Multi-storey Buildings
5. Effects of Limitation Ordinance on Land Held on Trust
6. Claims Through Government
7. Postponement of Limitation Period
8. Preventing Time from Running/Starting Time to Run Afresh
9. Remedies
10. Challenges to Adverse Possession
11. Reform
Chapter 7 Priority
1. Introduction
2. Outline of Approach to Priority
3. Priority at Common Law
4. Priority Under the Land Registration Ordinance
5. Reform
Chapter 8 Enforcement of Restrictive Covenants and Deeds of Mutual Covenant
1. Enforceability of Restrictive Covenants and Deeds of Mutual Covenant
2. Between Original Covenantor and Original Covenantee
3. Enforcement of Covenants under Section 41
4. Enforcement of Covenants in Cases Where Section 41 Does Not Apply
5. Remedies for Breach of Covenants
6. Discharge and Modification of Covenants
Chapter 9 Leases
1. Introduction
2. Definition
3. Basic Requirements for a Lease and Distinction Between Lease and Licence
4. Types of Lease
5. Creation of Leases
6. Assignment of Leases and Reversion
7. Terminating a Lease
8. Statutory Control on Private Sector Housing
Chapter 10 Leasehold Covenants
1. Introduction
2. Covenants by the Landlord
3. Covenants by the Tenant
4. Usual Covenants
5. Enforcement of Covenants in a Legal Lease
6. Enforcement of Covenants in an Equitable Lease
7. Remedies for Breach of Covenants
8. Discharge of Leasehold Covenants: Abandonment
9. Mesne Profits
Chapter 11 Licences
1. Introduction
2. Types of Licences
3. Enforceability of a Licence Against Third Parties
4. The Future of Licences
5. Licences, Proprietary Estoppel and Constructive Trusts
Chapter 12 Easements
1. The Nature of Easements
2. Acquisition of Easements
3. Enforceability of Easements
4. Extinguishment of Easements
Chapter 13 Mortgages
1. Introduction
2. Creation of Legal Mortgages or Charges
3. Creation of Equitable Mortgages
4. Fixed and Floating Charges
5. Protections and Rights of Mortgagors
6. Rights of Legal Mortgagees and Chargees
7. Remedies Available to the Equitable Mortgagee
8. Remedies Available to the Equitable Chargee
9. Priorities
10. Discharge of Mortgages
Chapter 14 Successive Interests
1. Settlements
2. Chinese Customary Trusts
Chapter 15 Rule Against Perpetuities
1. Introduction
2. The Common Law Rule
3. Statutory Modifications
4. Implications of the Rule in Hong Kong
Chapter 16 Deeds of Mutual Covenant and Multi-storey Building Management
1. Introduction
2. Terms of the Deed of Mutual Covenant
3. Undivided share and management share
4. Distribution of Management Responsibilities
5. Incorporation of Owners
6. Post-Incorporation Management
7. Jurisdiction of the Lands Tribunal
8. Remedies
9. Conclusion
Index
