RECO3037 Land Law and Conveyancing Law
The Complete Exam Bible · First Semester, 2026-27RECO3037 Overview
- The University of Hong Kong
- First Semester, 2026-27
- 6 credits
- BSc(Surveying) Year 3
- Department of Real Estate and Construction
What this course asks you to do
Land Law and Conveyancing Law is a third-year course in the BSc(Surveying) taught by the Department of Real Estate and Construction.
- Assessed by An examination worth half of the mark, plus a sub-group report and presentation and individual tutorial performance for the other half.
- Hardest step Classifying the right correctly before applying any rule to it, above all lease against licence and joint tenancy against tenancy in common.
- How to prepare Work every tutorial problem as an advice: name the interest, test how it was created, decide whom it binds, then give the remedy.
- Where to confirm The examination's duration and format, tutorial arrangements and submission settings are on the course Moodle page.
How RECO3037 is assessed
| Component | Weight | Format |
|---|---|---|
| Examination | 50% | Duration, sections and permitted materials as set out on Moodle |
| Written report and oral presentation | 30% | Sub-group report, plus a presentation of about, and not more than, 20 minutes |
| Attendance and individual performance in tutorials | 20% | Attendance, answers in the Q&A session, and questions raised to presenters |
The split between examination and coursework comes from the University's official BSc(Surveying) syllabus, which states fifty per cent continuous coursework assessment and fifty per cent examination, rather than from the course site. The conditions for tutorials divide the coursework half into thirty per cent for the sub-group's written report and oral presentation and twenty per cent for each student's attendance and individual performance in tutorials. Attendance at each tutorial session at your relevant hour is stated to be compulsory, and you may not sit in on the other tutorial group's session on your own topic. A numeric attendance threshold is not stated in the course materials, and they do not say whether attendance bears on whether you pass, so check the course Moodle page for how the rule is applied and for the examination arrangements.
Assessment structure
Segment widths reproduce the published percentage weights, which total 100%.
Current RECO3037 dates
| Date | Item | Control |
|---|---|---|
| 26 October 2026 | Tutorial A: Land Contracts | Sub-group report and oral presentation, shown in the tutorial questions and the teaching schedule. |
| 30 October 2026 | Tutorial B: Easement | Sub-group report and oral presentation. |
| 2 November 2026 | Tutorial C: Leases | Sub-group report and oral presentation; the schedule marks the venue for this day as to be confirmed. |
| 6 November 2026 | Tutorial D: Adverse Possession | Sub-group report and oral presentation. |
| 9 November 2026 | Tutorial E: Deed of Mutual Covenant | Sub-group report and oral presentation. |
| 13 November 2026 | Tutorial F: Mortgages | Sub-group report and oral presentation. |
| 16 November 2026 | Tutorial G: Co-ownership | Sub-group report and oral presentation. |
| 20 November 2026 | Tutorial H: Conveyancing and Registration | Sub-group report and oral presentation. |
| 27 November 2026 | Guest lecture or seminar | Delivered by representatives of HKIS, listed in the final teaching week with a revision class. |
Dates are as published in the tutorial questions and the teaching schedule published on the course site for this offering. Confirm exact deadlines and submission settings in the live LMS.
What RECO3037 covers
The chapters follow the lecture sequence from estates and interests through easements, trusts, leases, adverse possession, covenants, mortgages and co-ownership to land contracts and completion.
Land Tenure, Estates and Legal and Equitable Interests
Government leases and the Basic Law · tenure and estate · ownership and possession · legal and equitable rights · notice · the formality rulesWhy every land question in Hong Kong starts with the Government lease
Land in Hong Kong is State property under Article 7 of the Basic Law, and the Government is responsible for leasing or granting it.
- Article 7 of the Basic Law and land held from the Government
- Tenure and estate as two separate doctrines
- Freehold, fee simple and leasehold estates
- Ownership as law and possession as fact
- Legal rights in rem and equitable rights in personam
- The four legal estates in section 2 of the Ordinance
Easements, Profits and Similar Rights
the Ellenborough essentials · licences, covenants and profits compared · express, implied and presumed grant · extinguishmentA right that belongs to land
An easement lets the owner of one plot make a defined use of a neighbour's plot, or stop the neighbour doing a defined thing there, without ever owning or occupying it.
- Dominant and servient tenements
- Positive and negative easements
- The four essentials in Re Ellenborough Park
- Hill v Tupper and rights that serve a business
- Copeland v Greenhalf and claims of joint user
- Licences, restrictive covenants and profits compared
Resulting and Constructive Trusts
section 5(2) · presumed intention and contributions · proportionate shares · common intention and unconscionable retentionWhy a trust can exist without any document
The Conveyancing and Property Ordinance normally insists on signed writing before an equitable interest in land can be created.
- Section 5(2) and trusts that need no writing
- The presumed intention behind a resulting trust
- Whole and partial contributions to the price
- Deposits, legal fees and mortgage repayments
- Why household expenses usually do not count
- Unconscionable retention and the constructive trust
Leases, Tenancies and Implied Covenants
exclusive possession · certainty of duration · legal and equitable leases · kinds of tenancy · implied and express covenantsTwo essentials decide whether there is a lease at all
Most of this chapter turns on a short test. A lease exists when the occupier is given exclusive possession and the term has a certain beginning and a certain or determinable end.
- Exclusive possession and the lodger who is only a licensee
- Certainty of duration and Lace v Chantler
- Legal leases, the three-year exception and Walsh v Lonsdale
- Registration under the Land Registration Ordinance
- Fixed-term, periodic, at will and at sufferance tenancies
- Quiet enjoyment and non-derogation from grant
Determination of Leases and Licences
expiry and notice to quit · forfeiture and waiver · surrender and merger · repudiation and frustration · kinds of licenceSeven ways a lease comes to an end
A lease can end because its term runs out, because a party gives notice to quit, because the landlord forfeits it for a breach, because the parties agree to surrender it, because lease and reversion merge in one person, because the landlord accepts the tenant's repudiation, or, very rarely, because the contract is frustrated.
- Expiry by effluxion of time
- Notice to quit at common law and under statute
- The proviso for re-entry and forfeiture
- Waiver: knowledge, an act and attribution
- Estoppel as the stronger defence
- Surrender by agreement and by operation of law
Adverse Possession and the Limitation Ordinance
relativity of title · the limitation periods in section 7 · factual possession and intention · extinguishment under section 17Title rests on possession
Land law treats title as relative: a dispute over who owns land is won by whoever can show the better title, and possession is itself a root of title. Adverse possession follows from that.
- Relativity of title and possession as its root
- Sixty years for Government land under section 7(1)
- Twelve years for private land under section 7(2)
- When time starts to run
- Adding successive periods without a break
- Factual possession and exclusive physical control
Land Covenants and the Deed of Mutual Covenant
sections 39 to 41 · the privity problem · positive and restrictive covenants · undivided and management shares · owners' meetingsThe problem a deed of mutual covenant has to solve
In a Hong Kong multi-storey building the rules that govern every flat are in a deed of mutual covenant, but the deed is signed only by the developer and the first purchaser, sometimes with the manager.
- Why a covenant binds only the parties as a contract
- The benefit of covenants under section 39
- The burden of covenants under section 40
- Section 41: running with the land and the remedies
- The positive covenant limit in section 41(5)
- Registration and notice under section 41(9)
Mortgages, Redemption and Mortgagee Remedies
the legal charge · equitable mortgages · the right to redeem · sale, foreclosure and receivers · the section 54 order of proceedsA security, not a sale
A mortgage gives land as security for a debt, subject to the borrower's right to redeem: once the debt is paid, the land must be released.
- The meaning of a mortgage and the right to redeem
- Mortgage by assignment before 1 November 1984
- The legal charge under section 44
- Four kinds of equitable mortgage
- No clog or fetter on the equity of redemption
- Sale, foreclosure and suing on the covenant
Co-ownership, Survivorship and Severance
joint tenancy and tenancy in common · the four unities · the section 9 presumption · severance · ouster and partitionSharing the same land at the same time
Co-ownership exists whenever two or more people share an interest in land that each is entitled to possess at once, each entitled to occupy the whole.
- When co-ownership arises and where it is found
- Joint tenancy and the right of survivorship
- The four unities of possession, interest, title and time
- Words of severance and the section 9 presumption
- Simultaneous deaths and section 11
- Severance at law and in equity under section 8
Land Contracts, Conveyancing and Completion
section 3(1) · uncompleted premises · provisional and formal agreements · requisitions · deposits and time of the essence · completionThe writing requirement
A sale of land starts with a contract, and section 3(1) of the Conveyancing and Property Ordinance makes a land contract unenforceable by action unless it, or a memorandum of it, is in writing and signed by the person it is to be enforced against, or by that person's authorised agent.
- Section 3(1) and the four Ps of a memorandum
- Part performance and agreements subject to contract
- Consent and non-consent schemes for uncompleted flats
- Estate agents, provisional agreements and deposits
- Good title, requisitions and condition 7
- Stamp duty and registration of the agreement
Its published syllabus lists land tenure in the Hong Kong Special Administrative Region, co-ownership, mortgages, easements, covenants, leases, landlord and tenant, adverse possession, the deed of mutual covenant and how multi-storey buildings are managed, the land registration system, and conveyancing law.
The lectures teach those topics through the Conveyancing and Property Ordinance and a set of Hong Kong and English decisions, and the tutorials turn them into problems about particular flats and the people with claims to them.
One habit runs through every topic
Nearly every question in this subject is the same question in a different setting: what kind of right does this person have, was it created with the formality the law requires, and does it survive when the land changes hands.
A tenant who is really a licensee, an easement that is really a personal privilege, a share in a home that exists only because someone paid part of the price, a joint tenancy that the 1984 presumption turned into a tenancy in common: each topic adds a new category, and the marks go to the student who places the right in the correct category before applying any rule to it.
How the teaching is arranged
The lectures run from the principles of estates and interests through easements, trusts, leases, landlord and tenant, adverse possession, covenants and the deed of mutual covenant, mortgages and co-ownership, and end with the law of conveyancing and registration, including conveyancing in Mainland China.
After the reading week the tutorials take eight topics in turn, one per session, each led by two sub-groups who present on the same question in consecutive hours and hand in a written report. The last teaching week carries a guest seminar by representatives of HKIS and a revision class.
What the assessment rewards
Half of the mark is the examination.
The other half is earned in the tutorials, partly as a sub-group through the report and presentation, and partly as an individual through attendance, answers in the question session and the quality of the questions you put to other groups. That second element means preparing every tutorial topic, not only your own, which is also the best preparation for the examination.
Attendance at each tutorial session is stated to be compulsory; a numeric attendance threshold is not stated in the course materials, nor whether attendance bears on whether you pass, so check the course Moodle page for how the rule is applied.
Worked example · free
Can two squatters add their years together
- 2State the limitation period for private land and when it begins.
- 2Explain whether successive possessors may add their periods.
- 4Calculate the total period and give the result under section 17.
Key terms
- Government Lease
- The grant from the Government under which land in Hong Kong is held, with conditions the lessee must observe.
- Legal Estate
- One of the four interests section 2 of the Ordinance lists: a term of years absolute, a legal charge, an easement or a profit.
- Equitable Interest
- Any interest in land outside the section 2 list, binding everyone except a good faith purchaser of the legal estate without notice.
- Bona Fide Purchaser
- A buyer of the legal estate for value, in good faith and without notice, who takes free of earlier equitable interests.
- Easement
- A right belonging to one plot to use, or limit the use of, a neighbour's land without occupying it.
- Resulting Trust
- A trust equity presumes when one person pays for property placed in another's name, so the benefit returns to the payer.
- Licence
- A personal permission to be on or use land that creates no interest in the land.
- Forfeiture
- A landlord's ending of a lease for breach of covenant under a proviso for re-entry.
- Possessory Title
- The title a squatter holds once the former owner's title has been extinguished under the Limitation Ordinance.
- Deed of Mutual Covenant
- The deed that governs a multi-unit building and binds its owners as covenants relating to land.
- Legal Charge
- The form a legal mortgage of land must take in Hong Kong, created by a deed expressed to be a legal charge.
- Tenancy in Common
- Co-ownership in distinct undivided shares with no right of survivorship, presumed for instruments made since 1 November 1984.
- Requisition
- A purchaser's written question or objection on the vendor's title, which the vendor must answer to show good title.
RECO3037 FAQ
How is the course assessed?
The BSc(Surveying) syllabus divides the mark equally between an examination and continuous coursework. The tutorial conditions split the coursework into thirty per cent for your sub-group's written report and oral presentation and twenty per cent for your own attendance and performance in tutorials. The examination's duration, sections and any permitted materials are for the course team to announce on Moodle.
What happens on the day my sub-group presents?
Your sub-group gives an oral presentation of approximately, and not more than, twenty minutes with visual aids such as slides, followed by discussion and questions from the rest of the tutorial group. A printed copy of the written report goes to the tutor before the presentation begins, and one representative submits the report on Moodle the same day, also before the presentation starts.
How is the individual tutorial mark earned?
From three things the tutorial conditions name: your attendance at the sessions, how well you answer questions in the Q&A when your own sub-group is presenting, and how relevant and appropriate the questions are that you put to other sub-groups. That makes reading every tutorial topic in advance worthwhile, since the questions you ask are assessed too.
Is attendance at tutorials compulsory?
Yes. The conditions for tutorials make attendance at each session at your relevant hour compulsory, and attendance also counts towards the twenty per cent individual component. A numeric attendance threshold is not stated in the course materials, and they do not say whether absence affects whether you pass, so treat every session as required and check the course Moodle page.
How can I tell a lease from a licence?
Look at what the occupier actually received rather than the document's heading. A lease needs exclusive possession and a certain or periodic term; an occupier who can exclude everyone, including the owner, for a monthly or fixed period is a tenant, as Street v Mountford shows. A lodger with restricted rights, or a family arrangement without intention to create a tenancy, is a licensee.
When can a vendor forfeit a purchaser's deposit?
When the purchaser repudiates, most often by failing to complete on time where time is of the essence. A deposit of the conventional ten per cent may be kept as earnest money; a larger one must be reasonable in relation to the vendor's likely loss. If the vendor's own conduct caused the failure, as in China Pride Investment v Silverpole, forfeiture is not allowed.
Does a deed of mutual covenant bind owners who never signed it?
Yes, through the Conveyancing and Property Ordinance. A covenant relating to land runs with it under section 41, so successors in title of the original parties are bound, and a covenant in a registered instrument binds them whether or not they knew of it. A positive covenant, such as a duty to pay, cannot be enforced by the section alone against a tenant or mere occupier.
What happens to a co-owned flat when one owner dies?
It depends on the form of co-ownership. Joint tenants have a right of survivorship, so the survivor takes the deceased's interest whatever the will says. Tenants in common have distinct shares that pass by will or intestacy. For instruments made since 1 November 1984, section 9 presumes a tenancy in common unless a joint tenancy is expressed.
Questions students ask in each RECO3037 chapter
- Do people in Hong Kong own their land outright?
- No. Land is State property under Article 7 of the Basic Law, and the Government leases or grants it. A private owner holds an estate under a Government lease, subject to its conditions, and the Government keeps a right to re-enter if those conditions are broken. That is why leasehold language runs through every topic in the course. Chapter 01 · Land Tenure, Estates and Legal and Equitable Interests
- What makes a right an easement rather than a licence?
- An easement needs land to benefit. It is attached to a dominant plot, passes with that plot when it is sold, and cannot be withdrawn at will by the servient owner. A licence is a personal permission with no land behind it; a bare licence can be revoked, and it may be created informally, whereas an easement generally needs a grant. Chapter 02 · Easements, Profits and Similar Rights
- Can I own part of a flat that is registered only in my partner's name?
- Yes, if equity recognises a trust. If you paid part of the purchase price, a resulting trust presumes you were meant to hold a share in proportion to your payment. If you contributed later on the strength of an understanding that the flat would be partly yours, a constructive trust may protect you. Either way the legal title can stay in your partner's name. Chapter 03 · Resulting and Constructive Trusts
- Can a landlord avoid a tenancy by calling the agreement a licence?
- No. Whether there is a lease depends on what the occupier actually received, not on the heading. If the occupier has exclusive possession for a certain or periodic term, there is a tenancy, as Street v Mountford shows, and labelling it a licence has been tried as a way around rent legislation. A lodger with restricted rights is a genuine licensee. Chapter 04 · Leases, Tenancies and Implied Covenants
- Does accepting rent after a breach stop a landlord from forfeiting?
- It usually does for that breach. Waiver needs the landlord to know of the breach and then do an unequivocal act that treats the lease as continuing, and accepting rent that fell due after the breach is the classic example. The waiver covers only breaches he knew about when he acted, so it does not protect the tenant against a later breach. Chapter 05 · Determination of Leases and Licences
- How long must someone occupy land in Hong Kong to gain possessory title?
- Twelve years against a private owner under section 7(2) of the Limitation Ordinance, and sixty years against the Government under section 7(1). The period runs from the time the owner was dispossessed or stopped using the land and the squatter took possession, and successive squatters can add their periods together if there is no break between them. Chapter 06 · Adverse Possession and the Limitation Ordinance
- Am I bound by a deed of mutual covenant I never signed?
- Usually yes. The deed is treated as a covenant relating to land, and section 41 of the Conveyancing and Property Ordinance makes such covenants run with the land so that successors in title are bound. If the deed is registered in the Land Registry, section 41(9) binds you whether or not you knew about it. Every flat owner is also a tenant in common of the whole building. Chapter 07 · Land Covenants and the Deed of Mutual Covenant
- What can a bank do if I stop paying my mortgage instalments?
- A bank holding a legal charge by deed can sell the property under its statutory power in section 51, appoint a receiver under section 50 to collect any rent, take possession, sue you on your personal covenant to repay, or seek foreclosure. Sale and suing recover the capital; a receiver or possession recovers interest. You keep the right to redeem by paying what is due. Chapter 08 · Mortgages, Redemption and Mortgagee Remedies
- If two people buy a flat together, do they own it jointly?
- Not automatically. For an instrument made since 1 November 1984, section 9(1) of the Conveyancing and Property Ordinance presumes a tenancy in common unless a joint tenancy is expressed. If the shares are not stated, equity treats them as equal unless the buyers contributed unequally to the cost, in which case the shares follow their contributions. Chapter 09 · Co-ownership, Survivorship and Severance
- Is a land sale binding if it is not in writing?
- Not enforceable by action, in most cases. Section 3(1) of the Conveyancing and Property Ordinance requires the agreement, or a memorandum of it, to be in writing and signed by the person against whom it is enforced. The exceptions are a short lease that starts at once, at the best rent and with no premium, a sale by order of the court, and a contract enforceable through part performance. Chapter 10 · Land Contracts, Conveyancing and Completion
How to study for the exam
Treat the tutorial sheet as your syllabus for problem practice. For each of the eight topics, write a one-page advice on facts you invent yourself, never the sheet's own, following the same four moves every time: name the interest, test the formality that created it, decide whom it binds, and give the remedy.
Keep a single page of the sections that recur, sections 2 to 6, 8 to 11, 14, 39 to 41 and 44 to 55 of the Conveyancing and Property Ordinance and sections 7 and 17 of the Limitation Ordinance, and test yourself on what each one says until you can quote the operative words.
Prepare the topics you are not presenting as carefully as your own, because the questions you raise in other groups' sessions are part of your individual mark, and because the examination is not limited to your topic. In the last week, reconcile the deposit and time cases from the conveyancing tutorial on one sheet, one line per case naming the fact that decided it.
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