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Tutorial Questions What is a lease? Consider: s.2 Conveyancing and Property Ordinance; Lace v Chantler [1944] KB 368 Prudential Assurance Co Ltd v London Residuary

Tutorial Questions

  1. What is a lease? Consider:
    • s.2 Conveyancing and Property Ordinance;
    • Lace v Chantler [1944] KB 368
    • Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386

  1. Look at items 1-3 on blackboard, consider whether each is a "lease" or an "agreement for lease".

  1. Look at item 4 and consider:

  1. Is it a "lease" or an "agreement for lease"?

  1. Assume you act for a purchaser of a flat at this property.What evidence would you require from the vendor to prove that the vendor is able to sell a legal estate?

  1. Look at items 3 and 4. Assume a developer purchased a piece of land on effectively the same terms from the Government and wishes to construct a residential development that land.The developer wishes to pre-sell individual flats to the public before the building is finished. Is there anything in items 3 and 4 which might prevent the developer from doing this?

  1. Look at items 3 and 4. Assume that it was recently discovered that:

  1. An owner of a flat on the land is using the flat to operate a restaurant. What would be the consequence based on Item 3 and Item 4?

  1. An owner of another flat has constructed an unauthorized building work (i.e. a supporting frame for Air-conditioner on the external wall) in contravention of the Buildings Ordinance. What concerns might be raised by this based on Item 3 and Item 4?

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