YEUNG KAM HEUNG v. YU YI SHEK

YEUNG KAM HEUNG v. YU YI SHEK

On the pleaded facts the Plaintiff established continuous exclusive possession and the requisite intention to possess since c.1978 for at least 20 years; therefore under the Limitation Ordinance the Defendant's title was extinguished and the Plaintiff has acquired possessory title; declaratory relief accordingly granted on default judgment based on pleaded facts.

Citation
[2023] HKDC 464
Parties
Claimant: Plaintiff; Registered Owner / Paper Owner: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 April 2023
Case Number
DCCJ2595/2019
Procedural Posture
Adverse Possession / Declaratory Relief / Default Judgment Application (district Court)
Outcome
Declared that the Defendant's title, rights and interest in Lot no.197 in D.D.98, Yuen Long, New Territories as indicated in the plan annexed to the Amended Writ have been extinguished by virtue of section 17 Limitation Ordinance (Cap.347); declared that the Plaintiff has been in adverse possession for not less than...
Legal Topics
Adverse Possession, Declaratory Relief, Default Judgment, Limitation Period
Source Language
EN
Property Law Civil Procedure Land Law Limitations Statute Adverse Possession Declaratory Relief Default Judgment Limitation Period

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Parties

Plaintiff

Claimant

Defendant

Registered Owner / Paper Owner

Procedural Posture

Adverse Possession / Declaratory Relief / Default Judgment Application (district Court)

Legal Issues

  1. 1 Whether the Plaintiff acquired possessory title by adverse possession against the registered owner
  2. 2 Whether the Limitation Ordinance extinguished the Defendant's title
  3. 3 Whether declaratory relief should be granted on a default judgment based on pleaded facts only

Ratio Decidendi

On the pleaded facts the Plaintiff established continuous exclusive possession and the requisite intention to possess since c.1978 for at least 20 years; therefore under the Limitation Ordinance the Defendant's title was extinguished and the Plaintiff has acquired possessory title; declaratory relief accordingly granted on default judgment based on pleaded facts.

Court Disposition

Declared that the Defendant's title, rights and interest in Lot no.197 in D.D.98, Yuen Long, New Territories as indicated in the plan annexed to the Amended Writ have been extinguished by virtue of section 17 Limitation Ordinance (Cap.347); declared that the Plaintiff has been in adverse possession for not less than...

Orders

  • Declaration that the Defendant's title, rights and interest of and in Lot no.197 in D.D, 98, Yuen Long, New Territories (as indicated in pink in the plan annexed to the Amended Writ of Summons) have been extinguished by virtue of section 17 Limitation Ordinance (Cap.347)
  • Declaration that the Plaintiff has been in adverse possession of the Property for a period of no less than 20 years prior to the commencement of the proceedings and has acquired an indefeasible possessory title, interest and/or rights in and of the Property