Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equitable easement

  • 20 May 2025

    SO KWAI CHUNG v. WONG WAI YING ANITA AND OTHERS

    Citation
    [2025] HKCFA 8
    Court
    Court of Final Appeal
    Case number
    FACV12/2024

    Where a co-owner (D2) is bound by proprietary estoppel to grant a right of way, the other co-owner (D1) is bound by that right if the right does not go beyond what is reasonable and incidental to the grantor's possession and use of the common land and does not interfere with the non-granting co-owner's possession, use and enjoyment; applying that test to the facts, the right of way did not prejudice D1 and therefore D1 could not terminate it; the court will grant declaratory and injunctive relief binding the defendants and their successors as necessary to prevent unconscionable conduct.

  • 25 Mar 2022

    CHONG HANG KAI AND ANOTHER v. CHEUNG KIN BONG

    Citation
    [2022] HKDC 223
    Court
    District Court
    Case number
    DCCJ2609/2018

    The defendant made an undertaking that the plaintiffs would have a permanent, fixed parking space on Lot 214 B1; the plaintiffs relied on that representation and purchased to their detriment; the defendant was not credible and attempted to resile after construction of his house; proprietary estoppel is established and equity requires granting an equitable easement for parking and an easement of right of way for access and egress; defendant's counterclaim dismissed.