FUNG YUK LUEN v. WONG FUNG LAN AND OTHERS

FUNG YUK LUEN v. WONG FUNG LAN AND OTHERS

Leave to appeal was granted because there is a genuine legal issue with a real prospect of success: whether post‑limitation conduct (negotiations, village practice, land survey) can properly be used to infer the plaintiff's animus possidendi during the relevant earlier period and whether acknowledgement of title must be written and within the limitation period.

Citation
[2021] HKDC 990
Parties
Defendants: 1st-4th Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 August 2021
Case Number
DCCJ447/2017
Procedural Posture
Adverse Possession / Application for Leave to Appeal
Outcome
Leave to appeal granted
Legal Topics
Adverse Possession, Animus Possidendi, Leave to Appeal, Limitation Period, Acknowledgement of Title, Oral Licence
Source Language
EN
Property Law Civil Procedure Limitation Law Adverse Possession Animus Possidendi Leave to Appeal Limitation Period Acknowledgement of Title +1 more

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Parties

1st-4th Defendants

Defendants

Procedural Posture

Adverse Possession / Application for Leave to Appeal

Legal Issues

  1. 1 Whether evidence occurring after the limitation period can be used to infer animus possidendi during the limitation period
  2. 2 Whether acknowledgement of title must be in writing and within the limitation period or whether negotiations/other acts can amount to acknowledgement
  3. 3 Whether the grounds presented are challenges to findings of fact (requiring palpable error) or points of law allowing appellate intervention

Ratio Decidendi

Leave to appeal was granted because there is a genuine legal issue with a real prospect of success: whether post‑limitation conduct (negotiations, village practice, land survey) can properly be used to infer the plaintiff's animus possidendi during the relevant earlier period and whether acknowledgement of title must be written and within the limitation period.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Costs of the application to be in the cause of the appeal