PANG YIU CHOR AND OTHERS v. WONG WAI LEUNG AND OTHERS

PANG YIU CHOR AND OTHERS v. WONG WAI LEUNG AND OTHERS

The court held that the plaintiffs' paper title was extinguished before commencement of proceedings because the Government, through long-standing licences/permits to occupiers, was in possession with the requisite intention to possess and the limitation period had run; the boundary was sufficiently certain; estoppel against the Government failed; a declaration that the defendants themselves held possessory title was refused because the Government (the licensor) was the party shown to have acquired possession and was not before the court.

Citation
PANG YIU CHOR AND OTHERS v. WONG WAI LEUNG AND OTHERS
Parties
1st Plaintiff: Pang Yiu Chor; 2nd Plaintiff: Pang Wing Sun also known as Pang Wing Sum; 3rd Plaintiff: Pang Chun Tung; 4th Plaintiff: Pang Tai Ming Desmond also known as Pang Tai Ming; 5th Plaintiff: Pang Siu Ming Jimmy also known as Pang Siu Ming; 1st Defendant: Wong Wai Leung; 2nd Defendant: Wong Hing Fat; 3rd Defendant: Law Ka Wai; 4th Defendant: So Hoi Bor; 5th Defendant: The Occupier
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2017
Case Number
HCMP3972/2000
Procedural Posture
Miscellaneous Proceedings (possession/trespass) Court of First Instance / Judgment Following Trial (final)
Outcome
Plaintiffs' action dismissed; declaration granted that plaintiffs' title was extinguished by adverse possession under the Real Property Limitation Act 1833 prior to 7 August 2000; no declaration granted that defendants acquired possessory title (possession found to be that of the Government).
Legal Topics
Adverse Possession, Possessory Title, Estoppel by Representation, Boundary Dispute, Government Licences
Source Language
EN
Property Land Law Limitation Adverse Possession Possessory Title Estoppel by Representation Boundary Dispute Government Licences

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Parties

Pang Yiu Chor

1st Plaintiff

Pang Wing Sun also known as Pang Wing Sum

2nd Plaintiff

Pang Chun Tung

3rd Plaintiff

Pang Tai Ming Desmond also known as Pang Tai Ming

4th Plaintiff

Pang Siu Ming Jimmy also known as Pang Siu Ming

5th Plaintiff

Wong Wai Leung

1st Defendant

Wong Hing Fat

2nd Defendant

Law Ka Wai

3rd Defendant

So Hoi Bor

4th Defendant

The Occupier

5th Defendant

Procedural Posture

Miscellaneous Proceedings (possession/trespass) Court of First Instance / Judgment Following Trial (final)

Legal Issues

  1. 1 Whether the Government's possession via licences/permits gave rise to adverse possession extinguishing the plaintiffs' paper title
  2. 2 The area and extent of land occupied by the defendants
  3. 3 Whether the boundary of the land was unclear such as to defeat possession

Ratio Decidendi

The court held that the plaintiffs' paper title was extinguished before commencement of proceedings because the Government, through long-standing licences/permits to occupiers, was in possession with the requisite intention to possess and the limitation period had run; the boundary was sufficiently certain; estoppel against the Government failed; a declaration that the defendants themselves held possessory title was refused because the Government (the licensor) was the party shown to have acquired possession and was not before the court.

Court Disposition

Plaintiffs' action dismissed; declaration granted that plaintiffs' title was extinguished by adverse possession under the Real Property Limitation Act 1833 prior to 7 August 2000; no declaration granted that defendants acquired possessory title (possession found to be that of the Government).

Orders

  • Action dismissed
  • Declaration that the plaintiffs' title to the land was extinguished by virtue of the Real Property Limitation Act 1833 prior to 7 August 2000