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Property Law in Hong Kong: An Introductory Guide, 2nd Edition

Property Law in Hong Kong: An Introductory Guide, 2nd Edition

作者： Stephen D. Mau
出版商： Hong Kong University Press
ISBN: 9789888208616
出版时间 March 2014
规格： Paperback , 248 pages
适应领域： Hong Kong ? 免责申明：
Countri(es) stated herein are used as reference only

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This book focuses on the rules regulating property and conveyancing which apply in the territory and is intended for use by the non-lawyer. The organizational structure and concise text reflect this goal. For readers desiring additional information, an extensive notes section provides more comprehensive and detailed explanations as well as Chinese translations of key legal terms.

As a survey, this text is appropriate for students of law, non-law professionals who need an overview of the subject, and general readers.
Foreword
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Table of Legislation

1. Introduction to Property – Generally
A. Overview
B. Organization
C. Definition
D. Possession and Bailment
E. Possession and the Finder Doctrine
F. Classification of Property

Part 1: Real Property

2. Estates
A. Freehold Estate
i. Fee Simple
ii. Fee Tail
iii. Life Estate
B. Co-ownership – Types
i. Joint Tenancy
ii. Tenancy in Common
C. Co-ownership – Creation
D. Co-ownership – Determination

3. Licence and Leasehold Estate
A. Introduction
B. Licence – Types
i. Bare Licence
ii. Licence Coupled with an Interest
iii. Contractual Licence
C. Leases – Definition
i. Exclusive Possession
ii. Fixed Duration
D. Leases – Types
i. Fixed-term Lease
ii. Periodic Lease
iii. Tenancy at Will
iv. Tenancy at Sufferance
E. Leases – Formal Requirements
F. Obligations of Landlords and Tenants
i. Landlord’s Implied Covenants
ii. Tenant’s Implied Covenants
iii. Usual Covenants
iv. Remedies for Breach of Covenants

4. Alienation and Determination of Lease
A. Alienation of Leases
B. Determination of a Lease
i. Lapse of Time
ii. Notice
iii. Surrender
iv. Merger
v. Forfeiture
a. Relief against Forfeiture
b. Waiver
vi. Estoppel
vii. Distress
C. Domestic Leases
i. Landlord’s Procedures under the Former Provisions
ii. Tenant’s Procedures under the Former Provisions
iii. Landlord’s Grounds for Opposition under the Former Provisions
iv. Lands Tribunal’s Procedures under the Former Provisions
D. Commercial Leases
E. Transfer of Deposits

5.      Fixtures

6.      Adverse Possession

Part 2: Encumbrances

7.      Servitudes
A. Easements
B. Profit àPrendre
C. Creation of Servitudes
i. By Statue
ii. By Express Grant
iii. By Express Reservation
iv. By Implied Grant
a. Under the rule in the case of Wheeldon v Burrows
b. Arising by Necessity
c. Servitudes of Common Intention
d. Implied Reservation
e. Presumed Grant (Prescription)
(1) Prescription at Common Law – User Since Time Immemorial
(2) Doctrine of Lost Modern Grant
(3) Prescription Act 1832
D. Extinguishment of Servitudes
i. Legislation
ii. Express Release
iii. Implied Release
iv. Unity of Possession and Ownership
v. Effluction of Time
vi. Alteration in the Dominant Tenement
E. Restrictive Covenants

8.      Mortgages
A. Mortgages
B. Legal Mortgage
C. Equitable Mortgage
D. Landholding in Hong Kong – Leasehold Mortgage
i. Mortgagee’s Rights and Remedies
a.  Damages
b. Entry into Possession
c. Foreclosure
d. Exercise of the Power of Sale
e. Receivers
ii. Mortgagor’s Rights and Remedies

Part 3: Conveyancing

9. Leasehold Ownership in Hong Kong

10. Multi-storey Buildings in Hong Kong
A. Ownership Schemes
i. Consent Scheme
ii. Non-consent Scheme
B. Incorporated Owners
C. Deed of Mutual Covenant

11. Sale and Purchase Agreements
A. General Legal Considerations
B. Preliminary Agreements/Provisional Agreements
i. Role of the Estate Agent
ii. Contents of Preliminary Agreements
iii. Enforceability of Preliminary Agreements
C. The Formal Sale and Purchase Agreement
i. Generally
ii. The Contents of the Sale and Purchase Agreement
D. Remedies
i. Specific Performance
ii. Repudiation and Rescission
iii. Action to Recover Damages
iv. Other Remedies
a. Forfeiture of Deposit
b. Liquidated Damages – Payable by Seller
c. Liquidated Damages – Payable by Buyer
d. Exclusion of Common Law Remedies
E. Assignment
i. Formal Requirements and Practices
ii. Confirmations
iii. Nominations
iv. Covenants and Obligations
v. Mortgages
vi. Co-ownerships and Multi-storey Buildings
F. Completion
i. Completion Practices
ii. Stamp Duty
iii. Land Registration
iv. Title Registration

Notes
References
Index
Stephen D. Mau, BA, JD, LLM is a US-qualified attorney at law who formerly taught international commercial arbitration as an assistant professor of law in City University of Hong Kong’s MA programme in arbitration and dispute resolution. He is presently an assistant professor of law in the Faculty of Construction and Environment at The Hong Kong Polytechnic University where he is the deputy award coordinator for the Master of Science/Postgraduate Diploma in Construction Law and Dispute Resolution programme in the Department of Building and Real Estate. He continues to be involved in the dispute resolution field and is a Fellow of the Chartered Institute of Arbitrators and a member of the American Arbitration Association, as well as a HKMAAL accredited mediator. He has also published articles in international arbitration journals as well as several books on general Hong Kong legal principles.

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Property Law in Hong Kong: An Introductory Guide, 2nd Edition

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Property Law in Hong Kong: An Introductory Guide, 2nd Edition

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