CHEUNG CHUNG YAN v. CHENG AH KIU

CHEUNG CHUNG YAN v. CHENG AH KIU

On the balance of probabilities the plaintiff failed to prove exclusive factual possession and the necessary animus possidendi for the required 20 year period; contemporaneous documents, survey plans, witness testimony and photographs favored the registered owner and did not establish the final unequivocal acts of possession required to establish adverse possession, therefore the adverse possession claim fails and judgment is given to the registered owner.

Citation
CHEUNG CHUNG YAN v. CHENG AH KIU
Parties
Plaintiff in DCCJ 2271/2002; 2nd Defendant in DCMP 2071/2002: Cheung Chung Yan; Plaintiff in DCMP 2071/2002; Defendant in DCCJ 2271/2002: Cheng Ah Kiu (Madam Cheng); 1st Defendant in DCMP 2071/2002: Cheung Kai Yau
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 August 2004
Case Number
DCCJ2271/2002
Procedural Posture
Civil Land Dispute (adverse Possession and Trespass) / Judgment (trial Concluded)
Outcome
DCCJ 2271/2002 dismissed; judgment granted for Madam Cheng in DCMP 2071/2002; 1st Defendant found to have been trespassing and ordered to desist
Legal Topics
Adverse Possession, Trespass, Animus Possidendi, Limitation Ordinance S.7(2) and S.13, Burden of Proof
Source Language
EN
Property Land Law Limitation Law Civil Procedure Evidence Adverse Possession Trespass Animus Possidendi +2 more

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Parties

Cheung Chung Yan

Plaintiff in DCCJ 2271/2002; 2nd Defendant in DCMP 2071/2002

Cheng Ah Kiu (Madam Cheng)

Plaintiff in DCMP 2071/2002; Defendant in DCCJ 2271/2002

Cheung Kai Yau

1st Defendant in DCMP 2071/2002

Procedural Posture

Civil Land Dispute (adverse Possession and Trespass) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether Cheung Kai Yau trespassed on the disputed land
  2. 2 Whether Cheung Chung Yan acquired title to the disputed land by adverse possession for the requisite 20 years

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove exclusive factual possession and the necessary animus possidendi for the required 20 year period; contemporaneous documents, survey plans, witness testimony and photographs favored the registered owner and did not establish the final unequivocal acts of possession required to establish adverse possession, therefore the adverse possession claim fails and judgment is given to the registered owner.

Court Disposition

DCCJ 2271/2002 dismissed; judgment granted for Madam Cheng in DCMP 2071/2002; 1st Defendant found to have been trespassing and ordered to desist

Orders

  • DCCJ 2271/2002 claim dismissed
  • Judgment in favor of Madam Cheng Ah Kiu in DCMP 2071/2002 including possession in terms of her prayer