CHAN SIU BOR v. CHAN HOW KEI AND ANOTHER

CHAN SIU BOR v. CHAN HOW KEI AND ANOTHER

Plaintiff demonstrated continuous factual possession and clear intention to possess the specified parts of Lot 555 and Lot 559 from November 1988 by overt acts of ownership and exclusion; the registered owners’ right to recover accrued before 1 July 1991 and is therefore governed by the 20-year limitation period,...

Source-derived case information.

Citation
[2019] HKDC 1012
Parties
Plaintiff: Chan Siu Bor; 1st Defendant: Chan How Kei; 2nd Defendant: Chan Cheong Ki
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 August 2019
Case Number
DCCJ371/2017
Procedural Posture
Civil Action for Adverse Possession / Trial Judgment (district Court)
Outcome
Declarations granted in favour of plaintiff; costs order nisi made against defendants
Legal Topics
Adverse Possession, Possessory Title, Factual Possession, Animus Possidendi, Extinguishment of Title Under Limitation
Source Language
en
Property Law Limitation Law Civil Procedure Adverse Possession Possessory Title Factual Possession Animus Possidendi Extinguishment of Title Under Limitation

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Parties

Chan Siu Bor

Plaintiff

Chan How Kei

1st Defendant

Chan Cheong Ki

2nd Defendant

Procedural Posture

Civil Action for Adverse Possession / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether plaintiff established factual possession of parts of Lot 555 and Lot 559
  2. 2 Whether plaintiff manifested intention to possess (animus possidendi) to exclude others
  3. 3 Whether the registered owners' right of action was statute-barred under the Limitation Ordinance and their title extinguished

Ratio Decidendi

Plaintiff demonstrated continuous factual possession and clear intention to possess the specified parts of Lot 555 and Lot 559 from November 1988 by overt acts of ownership and exclusion; the registered owners’ right to recover accrued before 1 July 1991 and is therefore governed by the 20-year limitation period, which has expired, extinguishing their title under ss 7(2), 17 and 38A of the Limitation Ordinance; accordingly declarations of possessory title and extinguishment of defendants' title were granted.

Court Disposition

Declarations granted in favour of plaintiff; costs order nisi made against defendants

Orders

  • Declaration that plaintiff has acquired a possessory title to the portion of Lot No 555 identified and coloured green in the plan annexed to the Amended Statement of Claim (refiled 8 October 2018)
  • Declaration that plaintiff has acquired a possessory title to the portion of Lot No 559 identified and coloured yellow in the plan annexed to the Amended Statement of Claim (refiled 8 October 2018)