Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lost modern grant doctrine

Legal area

Court

27 Aug 2024

LEADING WELL LTD v. SECRETARY FOR JUSTICE (on behalf of the Director of Lands)

Citation

[2024] HKCA 821
Court

Court of Appeal
Case number

CACV456/2022

Reading the Deposit Agreements and plans, the Auction Notice (with special conditions), the New Grants, file note M10 and the October 1957 memorandum together in their factual context, the Government clearly and unambiguously manifested an intention to grant a right of way over the approach road to the purchasers/owners of Lots 1469/1470/1471; that right of way is therefore an express grant 'by virtue of' an instrument for the purposes of r18A(3)(a)(iv). Clause 2 of GN364 incorporated into the deemed government lease under CPO s14 also assimilated the easement into an express term of the leas…
10 Nov 2008

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV299/2007

Leave under section 22(1)(a) was not available because the applicants lacked a beneficial proprietary interest in the sites and s15 of the Buildings Ordinance was not engaged on the facts; but leave was granted under section 22(1)(b) limited to the single question whether a leaseholder in Hong Kong can acquire a right of way by prescription under the doctrine of lost modern grant against another leaseholder, both before and after 1 July 1997, because that question raises issues of great general or public importance.