LO WO LUN v. IP WING SHING AND ANOTHER

LO WO LUN v. IP WING SHING AND ANOTHER

The court accepted plaintiff Lo's evidence as inherently probable and rejected the evidence of D1 and D2 as unreliable; Lo had been in adverse possession of the Red Line Area for over 12 years and thereby acquired a possessory title and the paper owner (through D2) is time‑barred under Limitation Ordinance Cap 347 from recovering possession; D1's claims and D2's counterclaim were dismissed; D3 proved adverse possession of the Enclosed Area for over 12 years and acquired a prescriptive easement/right of way by lost modern grant over the Purple Portion; plaintiff's claim for a vehicular right of way was dismissed because the pleaded lost modern grant case required 20 years' user to the date...

Citation
[2025] HKDC 1699
Parties
Plaintiff (original Action): Lo Wo Lun; 1st Defendant: Ip Wing Shing; 2nd Defendant (executrix of the Estate of Lau Fun): Cheung Yuk Ching; Plaintiff (by Counterclaim): Cheung Yuk Ching; 1st Defendant (by Counterclaim): Lo Wo Lun; 2nd Defendant (by Counterclaim): Occupier(s) of the remaining portion of Lot 937 in D.D. 77; 3rd Defendant (administrator of the Estate of Chan Pui Ching): Wong Chi Kin
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2025
Case Number
DCCJ2231/2019
Procedural Posture
Civil Action Land Dispute (vacant Possession, Adverse Possession, Easement) / Judgment After Trial
Outcome
Judgment entered for Plaintiff Lo Wo Lun on adverse possession, eviction of D1 from the Yellow Portion, recovery of arrears and mesne profits; counterclaim by Cheung Yuk Ching (D2) dismissed; counterclaim by Wong Chi Kin (D3) partly successful (adverse possession of Enclosed Area and prescriptive easement/right of...
Legal Topics
Adverse Possession, Mesne Profits, Vacant Possession, Right of Way, Lost Modern Grant, Limitation Periods, Implied Licence Vs Lease, Estoppel, Pleading Obligations, Costs
Source Language
EN
Property Law Land Law Civil Procedure Evidence Limitation Law Real Property Remedies Adverse Possession Mesne Profits +8 more

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Parties

Lo Wo Lun

Plaintiff (original Action)

Ip Wing Shing

1st Defendant

Cheung Yuk Ching

2nd Defendant (executrix of the Estate of Lau Fun)

Cheung Yuk Ching

Plaintiff (by Counterclaim)

Lo Wo Lun

1st Defendant (by Counterclaim)

Occupier(s) of the remaining portion of Lot 937 in D.D. 77

2nd Defendant (by Counterclaim)

Wong Chi Kin

3rd Defendant (administrator of the Estate of Chan Pui Ching)

Procedural Posture

Civil Action Land Dispute (vacant Possession, Adverse Possession, Easement) / Judgment After Trial

Legal Issues

  1. 1 Whether plaintiff Lo was in adverse possession of the Red Line Area for the requisite period to acquire possessory title
  2. 2 Whether the plaintiff had a prescriptive vehicular right of way (lost modern grant) to the Yellow Portion/Purple Portion
  3. 3 Whether D2 (executrix) held that occupation was by licence such that adverse possession did not arise

Ratio Decidendi

The court accepted plaintiff Lo's evidence as inherently probable and rejected the evidence of D1 and D2 as unreliable; Lo had been in adverse possession of the Red Line Area for over 12 years and thereby acquired a possessory title and the paper owner (through D2) is time‑barred under Limitation Ordinance Cap 347 from recovering possession; D1's claims and D2's counterclaim were dismissed; D3 proved adverse possession of the Enclosed Area for over 12 years and acquired a prescriptive easement/right of way by lost modern grant over the Purple Portion; plaintiff's claim for a vehicular right of way was dismissed because the pleaded lost modern grant case required 20 years' user to the date...

Court Disposition

Judgment entered for Plaintiff Lo Wo Lun on adverse possession, eviction of D1 from the Yellow Portion, recovery of arrears and mesne profits; counterclaim by Cheung Yuk Ching (D2) dismissed; counterclaim by Wong Chi Kin (D3) partly successful (adverse possession of Enclosed Area and prescriptive easement/right of...

Orders

  • D1 Ip Wing Shing to deliver vacant possession of the Yellow Portion to Plaintiff Lo Wo Lun at or before 4pm on Friday 7 November 2025
  • D1 to pay Plaintiff HK$165,000 as arrears of rent forthwith