TSANG HIN KEUNG AND OTHERS v. NG KWAI HING

TSANG HIN KEUNG AND OTHERS v. NG KWAI HING

On the evidence and applying the twofold test for possession, the court found that Wong had acquired possessory title by adverse possession to the 1st and 2nd Land (House 12) since 1977 and to the 3rd Land (House 6) since 1983; TWST proved receipt of rent in respect of the 4th Land constituting a tenancy so TWST retained title and Ng had not established uninterrupted adverse possession; accordingly plaintiffs' actions were dismissed insofar as they sought recovery of the 1st, 2nd and 3rd Lands, declarations of possessory title were granted to Wong for those lands, and possession and restorative orders were granted to TWST in respect of the 4th Land.

Citation
TSANG HIN KEUNG AND OTHERS v. NG KWAI HING
Parties
1st Plaintiff: Wealth Hill International Investment Limited; 2nd Plaintiff / Plaintiff in Hca829/2008: Tsang Hin Keung; Tsang Tin Loi; Tsang Kwok Hung; Tsang Ka Kwan (as Managers of Tsang Wan Shing Tong); Defendant (hca828/2008): Wong Kwan Siu; Defendant (hca829/2008): Ng Kwai Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2013
Case Number
HCA829/2008
Procedural Posture
Civil Action Land Title Dispute (adverse Possession) / Trial (judgment Delivered 29 May 2013)
Outcome
Partial judgment: plaintiffs' claims dismissed in HCA828/2008; declarations of possessory title granted to Wong for 1st, 2nd and 3rd Lands; possession granted to TWST for 4th Land; Ng ordered to vacate, demolish structures and pay outstanding rent and mesne profits; costs orders made.
Legal Topics
Adverse Possession, Squatter's Title, Tenancy Vs Adverse Possession, Continuity of Tong Membership, Possession and Intention, Costs Orders
Source Language
EN
Property Law Land Law Adverse Possession New Territories/tong Law Squatter's Title Tenancy Vs Adverse Possession Continuity of Tong Membership Possession and Intention +1 more

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Parties

Wealth Hill International Investment Limited

1st Plaintiff

Tsang Hin Keung; Tsang Tin Loi; Tsang Kwok Hung; Tsang Ka Kwan (as Managers of Tsang Wan Shing Tong)

2nd Plaintiff / Plaintiff in Hca829/2008

Wong Kwan Siu

Defendant (hca828/2008)

Ng Kwai Hing

Defendant (hca829/2008)

Procedural Posture

Civil Action Land Title Dispute (adverse Possession) / Trial (judgment Delivered 29 May 2013)

Legal Issues

  1. 1 Whether defendants acquired title by adverse possession to the 1st, 2nd, 3rd and 4th disputed lands
  2. 2 Whether the 14 March 1998 Agreement defeated or negated adverse possession
  3. 3 Whether TWST membership continuity/new births interrupted limitation and prevented adverse possession

Ratio Decidendi

On the evidence and applying the twofold test for possession, the court found that Wong had acquired possessory title by adverse possession to the 1st and 2nd Land (House 12) since 1977 and to the 3rd Land (House 6) since 1983; TWST proved receipt of rent in respect of the 4th Land constituting a tenancy so TWST retained title and Ng had not established uninterrupted adverse possession; accordingly plaintiffs' actions were dismissed insofar as they sought recovery of the 1st, 2nd and 3rd Lands, declarations of possessory title were granted to Wong for those lands, and possession and restorative orders were granted to TWST in respect of the 4th Land.

Court Disposition

Partial judgment: plaintiffs' claims dismissed in HCA828/2008; declarations of possessory title granted to Wong for 1st, 2nd and 3rd Lands; possession granted to TWST for 4th Land; Ng ordered to vacate, demolish structures and pay outstanding rent and mesne profits; costs orders made.

Orders

  • Declaration that Wong has since 1977 been in adverse possession of the 1st and 2nd Land (House 12 as identified in Attachment H to the Report) and has obtained a possessory title thereto
  • Declaration that Wong has since 1983 been in adverse possession of Kap Lung Lot 6 Section B (House 6) and has obtained a possessory title thereto