李威輝 對 TIN KWOK KEUNG (田國強) also known as JAMES TIN KWOK KEUNG, the person appointed to represent the estate of CHUNG TING TAI (鍾丁帶), deceased

李威輝 對 TIN KWOK KEUNG (田國強) also known as JAMES TIN KWOK KEUNG, the person appointed to represent the estate of CHUNG TING TAI (鍾丁帶), deceased

On the evidence, including the surveyor's opinion that the squatter hut (26B) existed from 1957 with extensions 1959–1961, the plaintiff established possession for the requisite period; the defendant, as estate representative, did not contest title and consented to transfer; accordingly, under ss.7 and 17 of the...

Source-derived case information.

Citation
[2024] HKDC 1906
Parties
Plaintiff: LEE WAI FAI (李威輝); Defendant: TIN KWOK KEUNG (田國強) also known as JAMES TIN KWOK KEUNG, the person appointed to represent the estate of CHUNG TING TAI (鍾丁帶), deceased
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2024
Case Number
DCMP2627/2021
Procedural Posture
Adverse Possession Claim / Judgment
Outcome
Judgment for plaintiff: defendant's title extinguished and possessory title granted to plaintiff; costs to be paid from the deceased's estate; provisional costs order to become absolute after 14 days unless varied.
Legal Topics
Adverse Possession, Title Extinguishment, Possession Boundaries, Estate Representation, Costs Orders
Source Language
ch
Property Limitation Civil Procedure Succession Costs Adverse Possession Title Extinguishment Possession Boundaries +2 more

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Parties

LEE WAI FAI (李威輝)

Plaintiff

TIN KWOK KEUNG (田國強) also known as JAMES TIN KWOK KEUNG, the person appointed to represent the estate of CHUNG TING TAI (鍾丁帶), deceased

Defendant

Procedural Posture

Adverse Possession Claim / Judgment

  1. 1 Whether plaintiff acquired title by adverse possession to the specified land
  2. 2 Date and extent of possession (boundary issue and timing of hut extension)
  3. 3 Whether the estate representative is personally liable for costs or costs are payable from the deceased's estate

Ratio Decidendi

On the evidence, including the surveyor's opinion that the squatter hut (26B) existed from 1957 with extensions 1959–1961, the plaintiff established possession for the requisite period; the defendant, as estate representative, did not contest title and consented to transfer; accordingly, under ss.7 and 17 of the Limitation Ordinance the defendant's title is extinguished and the plaintiff is granted possessory title, with costs ordered to be paid from the deceased's estate subject to assessment.

Court Disposition

Judgment for plaintiff: defendant's title extinguished and possessory title granted to plaintiff; costs to be paid from the deceased's estate; provisional costs order to become absolute after 14 days unless varied.

Orders

  • Declaration that the defendant's title to the land described (Sha Tin Lot No. 186SB and 187RP as marked on the re‑amended writ plan) is extinguished under the Limitation Ordinance ss.7 and 17.
  • Declaration that the plaintiff has acquired possessory (adverse possession) title to that land.