21 Feb 2011
THE INCORPORATED OWNERS OF WESTLANDS GARDEN v. OEY CHIOU LING AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF WESTLANDS GARDEN v. OEY CHIOU LING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV155/2010
The internal non-structural partition wall between Flats E1801 and E1803 is not "common parts" under the Building Management Ordinance or the DMC because the domestic flats (including their partition walls) were designated for exclusive use in the assignments and DMC; consequently the wall fell outside paragraph (a) of the BMO definition. The Developer did not reserve the wall, and by operation of Conveyancing and Property Ordinance s17 any interest passed to the flat owners who therefore co-own the partition wall. The Applicant's claim to require reinstatement therefore fails and the Distric…