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Hong Kong Land Law Blog title: Hong Kong Land Law Blog | Land law cases in Hong Kong and other common law jurisdictions
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Many thanks to Roger So of Tamar Chambers for pointing out that that in a subsequent judgment ([2025] HKCA 816), the Court of Appeal has granted leave to appeal on the following questions:
(1) Where A has assigned land to B by an instrument in writing which is registrable but unregistered, and A subsequently sells and assigns the same land to C who takes the ass...
Introduction
In Yim Tin Fook v Yu Chor Lai ([2025] HKCA 675), the Court of Appeal had to consider who owned property which had been assigned twice over by the same vendor where the first purchaser failed to register its assignment at the Land Registry.
Facts
T (‘the original owner’) assigned land (‘the d...
Introduction
In AP Wireless II (UK) Ltd v ON Tower (UK) Ltd, the English Court of Appeal had to consider whether an agreement giving a mast operator a right to occupy land created a valid lease.
The answer to this question would affect termination and renewal rights and the rent/fee payable on renewal of the agreement. The mast op...
In Marlborough Knightsbridge Management Ltd v. Fivaz ([2021] EWCA Civ 989), the English Court of Appeal had to consider whether the front door of a flat was a fixture.
The lease in question contained a tenant’s covenant not to remove landlord’s fixtures without getting the landlord’s consent.
The tenant owned two flats in a block of flats and repl...
