FONG MI YEE v. LAO KIM, THE ADMINISTRATOR OF THE LATE LAO PO, DECEASED

FONG MI YEE v. LAO KIM, THE ADMINISTRATOR OF THE LATE LAO PO, DECEASED

On the facts the court found on balance that Fong changed her status in mid‑2003 and thereafter exercised continuous and exclusive physical possession with the requisite animus possidendi for over 12 years, thereby extinguishing the defendant's title under section 17 of the Limitation Ordinance and vesting possessory title in the plaintiff's estate.

Citation
[2020] HKDC 991
Parties
Plaintiff (deceased): Fong Mi Yee; Sole Executor of the Estate of Fong Mi Yee / Plaintiff's Representative: Ho Kong; Defendant / Registered Owner: Lao Kim, Administrator of the late Lao Po
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 November 2020
Case Number
DCCJ949/2016
Procedural Posture
Adverse Possession Claim (civil) / District Court Judgment After Trial (defendant Absent)
Outcome
Judgment for the plaintiff; declarations granted that defendant's title is extinguished and plaintiff's estate holds possessory title
Legal Topics
Adverse Possession, Possessory Title, Limitation Ordinance S17, Declaration of Extinguishment of Title
Source Language
EN
Property Law Limitation Law Civil Procedure Adverse Possession Possessory Title Limitation Ordinance S17 Declaration of Extinguishment of Title

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Parties

Fong Mi Yee

Plaintiff (deceased)

Ho Kong

Sole Executor of the Estate of Fong Mi Yee / Plaintiff's Representative

Lao Kim, Administrator of the late Lao Po

Defendant / Registered Owner

Procedural Posture

Adverse Possession Claim (civil) / District Court Judgment After Trial (defendant Absent)

Legal Issues

  1. 1 Whether the plaintiff acquired possessory title by adverse possession for the 12‑year limitation period
  2. 2 Whether the plaintiff had the requisite animus possidendi (intention to possess)
  3. 3 Whether the plaintiff had continuous and exclusive physical possession

Ratio Decidendi

On the facts the court found on balance that Fong changed her status in mid‑2003 and thereafter exercised continuous and exclusive physical possession with the requisite animus possidendi for over 12 years, thereby extinguishing the defendant's title under section 17 of the Limitation Ordinance and vesting possessory title in the plaintiff's estate.

Court Disposition

Judgment for the plaintiff; declarations granted that defendant's title is extinguished and plaintiff's estate holds possessory title

Orders

  • Declaration that the defendant's title, interest and/or rights in and/or over the Property has been extinguished by virtue of section 17 of the Limitation Ordinance (Cap. 347)
  • Declaration that Fong Mi Yee had been in adverse possession of the Property for a period of no less than 12 years prior to the commencement of this action and that her estate is entitled to possessory title