Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

License vs easement

  • 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.

  • 20 Sept 2011

    ACEWELL INVESTMENTS LTD v. THE INCORPORATED OWNERS OF NOS.1 AND 2 CANAL ROAD EAST

    Citation
    ACEWELL INVESTMENTS LTD v. THE INCORPORATED OWNERS OF NOS.1 AND 2 CANAL ROAD EAST
    Court
    Court of First Instance
    Case number
    HCA1068/2009

    The court found a common clerical mistake in the 24 February 1973 assignment to Flat 2C and ordered rectification to insert the Right To Affix (the more restrictive form reserved in other assignments); the plaintiff holds a non-exclusive but free and uninterrupted right to affix perpendicular signs to the external walls fronting Canal Road East and/or Tang Lung Street; the IO breached that right by licensing the wall to EAA, entitling the plaintiff to a declaration, injunction, rectification and an account of profits; the 1st defendant's counterclaim was dismissed.