Foreword
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Table of Legislation
1. Introduction to Property – Generally
A. Overview
B. Organization
C. Definition
D. Possession and Bailment
E. Possession and the Finder Doctrine
F. Classification of Property
Part 1: Real Property
2. Estates
A. Freehold Estate
i. Fee Simple
ii. Fee Tail
iii. Life Estate
B. Co-ownership – Types
i. Joint Tenancy
ii. Tenancy in Common
C. Co-ownership – Creation
D. Co-ownership – Determination
3. Licence and Leasehold Estate
A. Introduction
B. Licence – Types
i. Bare Licence
ii. Licence Coupled with an Interest
iii. Contractual Licence
C. Leases – Definition
i. Exclusive Possession
ii. Fixed Duration
D. Leases – Types
i. Fixed-term Lease
ii. Periodic Lease
iii. Tenancy at Will
iv. Tenancy at Sufferance
E. Leases – Formal Requirements
F. Obligations of Landlords and Tenants
i. Landlord’s Implied Covenants
ii. Tenant’s Implied Covenants
iii. Usual Covenants
iv. Remedies for Breach of Covenants
4. Alienation and Determination of Lease
A. Alienation of Leases
B. Determination of a Lease
i. Lapse of Time
ii. Notice
iii. Surrender
iv. Merger
v. Forfeiture
a. Relief against Forfeiture
b. Waiver
vi. Estoppel
vii. Distress
C. Domestic Leases
i. Landlord’s Procedures under the Former Provisions
ii. Tenant’s Procedures under the Former Provisions
iii. Landlord’s Grounds for Opposition under the Former Provisions
iv. Lands Tribunal’s Procedures under the Former Provisions
D. Commercial Leases
E. Transfer of Deposits
5. Fixtures
6. Adverse Possession
Part 2: Encumbrances
7. Servitudes
A. Easements
B. Profit àPrendre
C. Creation of Servitudes
i. By Statue
ii. By Express Grant
iii. By Express Reservation
iv. By Implied Grant
a. Under the rule in the case of Wheeldon v Burrows
b. Arising by Necessity
c. Servitudes of Common Intention
d. Implied Reservation
e. Presumed Grant (Prescription)
(1) Prescription at Common Law – User Since Time Immemorial
(2) Doctrine of Lost Modern Grant
(3) Prescription Act 1832
D. Extinguishment of Servitudes
i. Legislation
ii. Express Release
iii. Implied Release
iv. Unity of Possession and Ownership
v. Effluction of Time
vi. Alteration in the Dominant Tenement
E. Restrictive Covenants
8. Mortgages
A. Mortgages
B. Legal Mortgage
C. Equitable Mortgage
D. Landholding in Hong Kong – Leasehold Mortgage
i. Mortgagee’s Rights and Remedies
a. Damages
b. Entry into Possession
c. Foreclosure
d. Exercise of the Power of Sale
e. Receivers
ii. Mortgagor’s Rights and Remedies
Part 3: Conveyancing
9. Leasehold Ownership in Hong Kong
10. Multi-storey Buildings in Hong Kong
A. Ownership Schemes
i. Consent Scheme
ii. Non-consent Scheme
B. Incorporated Owners
C. Deed of Mutual Covenant
11. Sale and Purchase Agreements
A. General Legal Considerations
B. Preliminary Agreements/Provisional Agreements
i. Role of the Estate Agent
ii. Contents of Preliminary Agreements
iii. Enforceability of Preliminary Agreements
C. The Formal Sale and Purchase Agreement
i. Generally
ii. The Contents of the Sale and Purchase Agreement
D. Remedies
i. Specific Performance
ii. Repudiation and Rescission
iii. Action to Recover Damages
iv. Other Remedies
a. Forfeiture of Deposit
b. Liquidated Damages – Payable by Seller
c. Liquidated Damages – Payable by Buyer
d. Exclusion of Common Law Remedies
E. Assignment
i. Formal Requirements and Practices
ii. Confirmations
iii. Nominations
iv. Covenants and Obligations
v. Mortgages
vi. Co-ownerships and Multi-storey Buildings
F. Completion
i. Completion Practices
ii. Stamp Duty
iii. Land Registration
iv. Title Registration
Notes
References
Index
