Sir Oswald Cheung's Memorial Fund CPD Series No. 16 All news  
Sir Oswald Cheung’s Memorial Fund is pleased to present its CPD Series of Talks given by members of Sir Oswald Cheung’s Chambers or guest speakers.  The Talks are open to the public subject to availability and prior registration*.  Details of the next talk are as follows:
 
Speakers: Andrew Mak, Francis Chung and Abel Lam
Topic: (Quasi-)Easement Litigation: Some Examples in the New Territories and Multi-storey Buildings 
Date: Wednesday, 9 October 2019
Time:  5:30 – 7:30 p.m.
Venue:  10/F New Henry House, 10 Ice House Street, Central
 
*Please send your name, chambers/firm contact details via email to: talkseries@siroswald.com.
Registration will be confirmed by email.
The Law Society of Hong Kong has awarded 2 CPD Points to this talk. 
 
Highlights of the Talk
 
“Easement” is a broad legal term that is often used without sufficient clarity. An easement, which is essentially a right over the land of another, is a species of property right appurtenant to land. In Hong Kong, land is often divided into various lots through instruments such as deed polls and assignments. In many instances, such instruments do not contain express provision governing the right of way over the neighbouring land in order for the owners of the inland lot to get access to the main road. Owners may instead have to rely on the common law and/or the Conveyancing and Property Ordinance (Cap. 219) to acquire the easement of right of way. 
 
Similar concept may also arise in multi-storey buildings, where owners of a unit require access to a common area or an area under the exclusive possession of another co-owner. In the unique context of Hong Kong, since owners of units co-own the building and do not own separate tenements, one cannot acquire an easement over his own property. The conceptual requirements of easement and the need to cater for co-owners in multi-storey buildings led to the eventual development of quasi-easements. On this topic, the implications of Kung Ming Tak Tong Co Ltd v Park Solid Enterprises Ltd (2008) 11 HKCFAR 403 will be explored, and how quasi-easement may impact multi-storey building litigations in Hong Kong.
 
This lecture will examine in detail two case studies: firstly, the right of way in New Territories land; and secondly, quasi-easements in multi-storey buildings, together with some discussion on the future of easement litigation such as the right to drainage or right to sea view.  In particular, the topics that will be covered in this lecture include: 
 
(1) Nature and creation of easements 
(2) Case study 1: easement of right of way in New Territories land 
(3) Case study 2: quasi-easements in multi-storey buildings
(4) Procedural and evidential aspects in easement litigation 
(5) Emerging issues in easement litigation in Hong Kong        
 
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