L.A.W. Principles publik
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These podcasts were prepared by Prof. Michael Lower for his teaching of the course SLW9602 - Principles of Land Law at CUHK in 2009 . It is a series of short talks giving listeners an understanding of the principal features of Hong Kong's system of land law. Although they are principally intended for an audience with some legal training it is hoped that they will be accessible to a general audience too. Land Law is essentially the study of the several forms of ownership rights (and other non ...
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This podcast, the last in the series, is about mortgages. It explains the essential characteristics of the mortgage and the rights that it confers on the lender (the mortgagee). The podcast explains that equity has intervened to strike down terms in mortgages that are oppressive or unconscionable or that would interfere excessively with the borrowe…
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This week's podcast is about the enforceability of the covenants contained in a lease. The original landlord and tenant are liable to each other because they have made a contract with each other. The landlord can assign its interest in the land (its reversion) and the tenant assign its lease. This podcast will explain that successors in title of th…
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This week's podcast is about land covenants. The most obvious example of a land covenant is the sort of covenant that you find in a Deed of Mutual Covenant governing an apartment block or complex (such as the covenant to pay the management charge or not to keep pets). This podcast looks at the legal mechanisms that are available to make sure that a…
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This podcast looks at the law concerning easements. Easements are rights over a parcel of land for the benefit of another nearby parcel of land.Examples include the right to walk or drive over someone else's land to get to and from your own and the right to run gas or water pipes or electrical cables over someone else's land.This podcast will expla…
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This week's podcast looks at the law on co-ownership. An interest in land is often owned by several people together. For example, a flat might be co-owned by a husband and wife. The members of a business partnership might co-own land used by or for the business. Hong Kong apartment complexes are co-owned by all the flat-owners. Co-ownership can eit…
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This podcast looks at the law on adverse possession. A squatter who takes possession of someone else's land acquires some kind of ownership interest in it. If the squatter stays in possession for long enough then he can defeat a claim for possession by the formal owner of the land. This podcast outlines the law in this area. It explains what is nee…
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This week's podcast looks at the licence. The bare licence is a simple permission to be on someone else's land. It can be revoked at any time and does not bind other people who have or acquire an interest in the land. The contractual licence, by contrast, might give more extensive rights than the bare licence (as the podcast explains). In some exce…
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This podcast explains the essential characteristics that distinguish the lease from the licence. The lease is both a type of contract and an interest in land and it is not always clear which of these two characteristics is more important. The possible clash between the two is exemplified by considering whether the doctrine of frustration applies to…
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This podcast explains that Land Law studies the possible legal interests in land. There may be several different interests in the same piece of land at the same time and so Land law has to explain how these interests interact and how conflicts between them are resolved. The podcast explains: 1. fundamental concepts such as the distinction between l…
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