長沙灣道275 277號及 欽洲街74A號業主立案法團 對 馮煜波及/或佔用人

長沙灣道275 277號及 欽洲街74A號業主立案法團 對 馮煜波及/或佔用人

Respondent failed to prove the necessary intention to possess because his payments and periodic repairs indicated occupation by permission; therefore he did not establish adverse possession and the registered owners' corporation validly revoked any permission, entitling the applicant to recover possession;...

Source-derived case information.

Citation
長沙灣道275 277號及 欽洲街74A號業主立案法團 對 馮煜波及/或佔用人
Parties
Applicant: 長沙灣道275-277號及欽洲街74A號業主立案法團; Respondent: 馮煜波及/或佔用人
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 2012
Case Number
HCMP168/2012
Procedural Posture
Civil Appeal (application for Leave to Appeal) / Application for Leave to Appeal (written Application to Court of Appeal)
Outcome
Application for leave to appeal dismissed; leave to appeal refused.
Legal Topics
Adverse Possession, License/permission Revocation, Owners' Corporation Powers, Leave to Appeal
Source Language
ch
Property Law Land Law Civil Procedure Building Management Adverse Possession License/permission Revocation Owners' Corporation Powers Leave to Appeal

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Parties

長沙灣道275-277號及欽洲街74A號業主立案法團

Applicant

馮煜波及/或佔用人

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal) / Application for Leave to Appeal (written Application to Court of Appeal)

  1. 1 Whether respondent acquired proprietary title by adverse possession (逆權侵佔)
  2. 2 Whether payments and periodic repairs negated the required intention to possess (animus possidendi) for adverse possession
  3. 3 Whether respondent held occupation as a licensee or tenant and whether such permission could be revoked by the owners' corporation

Ratio Decidendi

Respondent failed to prove the necessary intention to possess because his payments and periodic repairs indicated occupation by permission; therefore he did not establish adverse possession and the registered owners' corporation validly revoked any permission, entitling the applicant to recover possession; accordingly leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed; leave to appeal refused.

Orders

  • Application for leave to appeal dismissed and permission to appeal refused.
  • Pursuant to High Court Rules Order 59 rule 2A(8), respondent is ordered not to request a rehearing under rule 2A(7) of Order 59.