CHENG PO FUN v. THE PERSONAL REPRESENTATIVE OF LIU PO KIU (also known as LIU POH KIOH), Deceased AND ANOTHER

CHENG PO FUN v. THE PERSONAL REPRESENTATIVE OF LIU PO KIU (also known as LIU POH KIOH), Deceased AND ANOTHER

The plaintiff established exclusive continuous possession for over 12 years and an outward intention to exclude the paper owners (changing locks, refusing access, acting as owner), therefore the defendants' title was extinguished under the Limitation Ordinance (s.7 and s.17) and the plaintiff is entitled to a possessory title vis-à-vis the defendants.

Citation
CHENG PO FUN v. THE PERSONAL REPRESENTATIVE OF LIU PO KIU (also known as LIU POH KIOH), Deceased AND ANOTHER
Parties
Plaintiff: CHENG PO FUN; 1st Defendant: THE PERSONAL REPRESENTATIVE OF LIU PO KIU (also known as LIU POH KIOH), Deceased; 2nd Defendant: LIU KAI CHU REBECCA, the administratrix of the estate of LIU KEE YEE, Deceased
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2017
Case Number
DCMP3067/2016
Procedural Posture
Miscellaneous Proceedings (adverse Possession Under Limitation Ordinance) / Judgment (reasons Delivered)
Outcome
Declarations granted that the defendants' title was extinguished by limitation and that the plaintiff holds a possessory title; proceedings proceeded in defendants' absence; costs ordered as specified.
Legal Topics
Adverse Possession, Possessory Title, Limitation Ordinance S.7 and S.17, Service of Process
Source Language
EN
Property Law Limitation Law Land Title Civil Procedure Adverse Possession Possessory Title Limitation Ordinance S.7 and S.17 Service of Process

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Parties

CHENG PO FUN

Plaintiff

THE PERSONAL REPRESENTATIVE OF LIU PO KIU (also known as LIU POH KIOH), Deceased

1st Defendant

LIU KAI CHU REBECCA, the administratrix of the estate of LIU KEE YEE, Deceased

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (adverse Possession Under Limitation Ordinance) / Judgment (reasons Delivered)

Legal Issues

  1. 1 Whether the plaintiff acquired possessory title by adverse possession
  2. 2 Whether the plaintiff had continuous and exclusive physical possession for the requisite limitation period
  3. 3 Whether the plaintiff had the animus possidendi (intention to possess)

Ratio Decidendi

The plaintiff established exclusive continuous possession for over 12 years and an outward intention to exclude the paper owners (changing locks, refusing access, acting as owner), therefore the defendants' title was extinguished under the Limitation Ordinance (s.7 and s.17) and the plaintiff is entitled to a possessory title vis-à-vis the defendants.

Court Disposition

Declarations granted that the defendants' title was extinguished by limitation and that the plaintiff holds a possessory title; proceedings proceeded in defendants' absence; costs ordered as specified.

Orders

  • Declaration that the title, interest and/or rights in or over the Property of the 1st and 2nd Defendants or their successors-in-title has, prior to the commencement of these proceedings, been absolutely extinguished by virtue of sections 7 and 17 of the Limitation Ordinance, Cap.347.
  • Declaration that no action shall be brought by any of the 1st or 2nd Defendants or their successors-in-title to recover the Property by virtue of section 7(2) of the Limitation Ordinance.