(Hong Kong) A lease had been granted containing a covenant that the tenant would build villa residences only on the land. In breach of that covenant many high rise properties had been erected over many years. The applicant, now respondents, had sought a declaration that it could likewise erect a multi-story building, saying that the crown, the landlord, had acquiesced in the breach over many years and could not now enforce it.
Held: The Crown’s appeal failed. ‘A man cannot acquiesce in conduct of which he is ignorant. Whilst their Lordships accept that proof of such knowledge is essential, there is here overwhelming proof.’ and ‘the only possible inference from the fact that over a period of forty years multi-storey blocks have been built over virtually the whole of Lot 757 is that everyone, including the Crown, must have been aware of those facts. An area of 22 acres has been transformed into an area of high-density high-rise buildings. It would take compelling evidence, which is lacking, to rebut the inference that everyone concerned with that land was well aware that it was not being used for villas.’
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Cooke of Thorndon
[1996] UKPC Hong Kong 52, [1996] UKPC 55, [1997] 1 WLR 149
Bailii
Citing:
Cited – Gibson v Doeg 1857
A tenant had openly used the premises for many years in breach of a covenant in the lease.
Held: Pollock CB said: ‘It is a maxim of the law to give effect to everything to which appears to have been established for a considerable course of . .
Cited – Hepworth v Pickles ChD 2-Nov-1899
The parties contracted for the sale and purchase of a shop which had been used continuously and openly with an off-licence for the sale of alcohol for twenty four years. After exchange, a restrictive covenant was revealed against the use of land as . .
Cited by:
Cited – Crown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Land
Leading Case
Updated: 09 November 2021; Ref: scu.159211