YIU FAN AND ANOTHER v. THE PERSONAL REPRESENTATIVE OF LEE UN, DECEASED AND ANOTHER

YIU FAN AND ANOTHER v. THE PERSONAL REPRESENTATIVE OF LEE UN, DECEASED AND ANOTHER

On the pleaded facts the plaintiffs established factual possession, animus possidendi and the requisite 12 years' possession such that they acquired possessory title (held as joint tenants); although the Government's resumption extinguished the paper title, the court will grant the declaratory relief sought in default judgment under Order 19 r 7 to enable the plaintiffs to claim compensation under the LRO; no costs order was made against the defendants.

Citation
[2025] HKDC 1933
Parties
1st Plaintiff: Yiu Fan (饒勛); 2nd Plaintiff: Li Wang (李竑); 1st Defendant: The Personal Representative of Lee Un (李奀), Deceased; 2nd Defendant: The Personal Representative of Chui Kam Chiu (徐錦趙), Deceased
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 November 2025
Case Number
DCCJ4293/2024
Procedural Posture
Adverse Possession Claim / Default Judgment Application Under Order 19 Rule 7 of the Rules of the District Court
Outcome
Declarations granted: (1) that the defendants' title to the 4th floor including roof at No 34A Tak Ku Ling Road had been extinguished by operation of ss 7 and 17 of the Limitation Ordinance prior to resumption; and (2) that the plaintiffs had been in joint adverse possession for more than 12 years and acquired...
Legal Topics
Adverse Possession, Limitation Ordinance, Lands Resumption Ordinance, Declaratory Relief, Default Judgment
Source Language
EN
Property Law Civil Procedure Administrative Law Land Resumption Adverse Possession Limitation Ordinance Lands Resumption Ordinance Declaratory Relief +1 more

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Parties

Yiu Fan (饒勛)

1st Plaintiff

Li Wang (李竑)

2nd Plaintiff

The Personal Representative of Lee Un (李奀), Deceased

1st Defendant

The Personal Representative of Chui Kam Chiu (徐錦趙), Deceased

2nd Defendant

Procedural Posture

Adverse Possession Claim / Default Judgment Application Under Order 19 Rule 7 of the Rules of the District Court

Legal Issues

  1. 1 Whether plaintiffs established adverse possession for the requisite 12 years
  2. 2 Whether possessory title held by multiple squatters is held as joint tenancy
  3. 3 Whether court should grant declaratory relief after government resumption to enable compensation claims

Ratio Decidendi

On the pleaded facts the plaintiffs established factual possession, animus possidendi and the requisite 12 years' possession such that they acquired possessory title (held as joint tenants); although the Government's resumption extinguished the paper title, the court will grant the declaratory relief sought in default judgment under Order 19 r 7 to enable the plaintiffs to claim compensation under the LRO; no costs order was made against the defendants.

Court Disposition

Declarations granted: (1) that the defendants' title to the 4th floor including roof at No 34A Tak Ku Ling Road had been extinguished by operation of ss 7 and 17 of the Limitation Ordinance prior to resumption; and (2) that the plaintiffs had been in joint adverse possession for more than 12 years and acquired...

Orders

  • Declaration that the defendants' title to the Property had been extinguished by virtue of Sections 7 and 17 of the Limitation Ordinance prior to resumption
  • Declaration that the plaintiffs had been in joint adverse possession of the Property for a period exceeding 12 years and acquired a possessory title as joint tenants