CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER

CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER

On the unchallenged evidence the plaintiff and his predecessors had occupied the Lot exclusively with animus possidendi for at least 12 years prior to commencement of the action; accordingly the court declared that the plaintiff acquired the possessory rights, title and interest in the Lot and that the rights of the deceased owners were extinguished under section 17 of the Limitation Ordinance.

Citation
CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER
Parties
Plaintiff: CHIU SI HON; 1st Defendant: ESTATE OF CHAN SHUI KIU, DECEASED; 2nd Defendant: ESTATE OF CHAN FU TSOI, DECEASED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2012
Case Number
HCMP1849/2011
Procedural Posture
Miscellaneous Proceedings (adverse Possession) / Judgment Delivered 3 May 2012
Outcome
Declaration granted that the plaintiff has acquired possessory rights, title and interest in Shek O Inland Lot No 25; rights of Madam Chan Shui Kiu and Mr Chan Fu Tsoi extinguished under section 17 Limitation Ordinance; no order as to costs.
Legal Topics
Adverse Possession, Declaration of Possessory Title, Extinguishment of Title Under Limitation Ordinance S17
Source Language
EN
Property Law Limitation Law Land Title/possession Adverse Possession Declaration of Possessory Title Extinguishment of Title Under Limitation Ordinance S17

Case Brief

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Parties

CHIU SI HON

Plaintiff

ESTATE OF CHAN SHUI KIU, DECEASED

1st Defendant

ESTATE OF CHAN FU TSOI, DECEASED

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (adverse Possession) / Judgment Delivered 3 May 2012

Legal Issues

  1. 1 Whether the plaintiff acquired title to Shek O Inland Lot No 25 by adverse possession
  2. 2 Whether the rights of the registered owners/estates were extinguished under section 17 of the Limitation Ordinance (Cap 347)
  3. 3 Whether a purported sale by a person who had no title could affect the plaintiff's claim

Ratio Decidendi

On the unchallenged evidence the plaintiff and his predecessors had occupied the Lot exclusively with animus possidendi for at least 12 years prior to commencement of the action; accordingly the court declared that the plaintiff acquired the possessory rights, title and interest in the Lot and that the rights of the deceased owners were extinguished under section 17 of the Limitation Ordinance.

Court Disposition

Declaration granted that the plaintiff has acquired possessory rights, title and interest in Shek O Inland Lot No 25; rights of Madam Chan Shui Kiu and Mr Chan Fu Tsoi extinguished under section 17 Limitation Ordinance; no order as to costs.

Orders

  • Declaration that the plaintiff has been in adverse possession of Shek O Inland Lot No 25 and the building thereon for no less than 12 years prior to commencement of this action and has acquired the possessory rights, title and interest thereof.
  • Declaration that the rights, title and interest as owned by Madam Chan Shui Kiu, deceased and/or Mr Chan Fu Tsoi, deceased have been extinguished under section 17 of the Limitation Ordinance, Cap 347.