ABSTRACT
In the context of co-ownership, it is a fundamental principle that a tenant in common is entitled to dispose of their own undivided share in any manner they choose, provided that such dispositions do not exceed their ‘proper share’ of the use and enjoyment of the co-owned land. However, the interpretation of ‘proper share’ remains ambiguous. What criteria can be employed to determine whether a co-owner’s disposition of their undivided share exceeds their rightful portion of the use and enjoyment of the jointly owned property? These questions have been addressed infrequently in case law or academic literature within English Commonwealth jurisdictions. Recently, the Court of Final Appeal (CFA) in Hong Kong delivered judgment in the case of Wong Wai Ying Anita v So Kwai Chung (Wong Wai Ying), which considers these questions. This judgment is of significant importance not only to the legal landscape in Hong Kong but also to other Commonwealth jurisdictions. This commentary focuses on the CFA’s decision in Wong Wai Ying, examining how the Court addressed the aforementioned questions and the difficulties inherent in its reasoning.
Jing, Hui, Passive Acquiescence and the Limits of Disposition in Co-owned Land (August 8, 2025), (2025) Conveyancer and Property Lawyer (forthcoming).
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