CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

The court accepted the 1973 letter as amounting to dedication and found plaintiffs established easement rights by dedication and by prescription via lost modern grant on the evidence; other claims (time immemorial, necessity, implied reservation, estoppel) were not all established; accordingly judgment entered for plaintiffs and the defendant's counterclaim dismissed, with costs to plaintiffs.

Citation
CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2006
Case Number
HCA21228/1998
Procedural Posture
Land Dispute (easement/right of Way) / Judgment (trial)
Outcome
Judgment for plaintiffs; defendant's counterclaim dismissed; costs to plaintiffs
Legal Topics
Right of Way, Dedication, Prescription, Lost Modern Grant, Right of Way by Necessity, Implied Reservation, Proprietary Estoppel, Costs
Source Language
EN
Property Law Easements Prescription Civil Procedure (costs) Right of Way Dedication Lost Modern Grant Right of Way by Necessity +3 more

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Land Dispute (easement/right of Way) / Judgment (trial)

Legal Issues

  1. 1 Whether a written dedication in 1973 created a public right of way
  2. 2 Whether user since time immemorial or 20 years established a prescriptive easement
  3. 3 Whether prescription by lost modern grant applies

Ratio Decidendi

The court accepted the 1973 letter as amounting to dedication and found plaintiffs established easement rights by dedication and by prescription via lost modern grant on the evidence; other claims (time immemorial, necessity, implied reservation, estoppel) were not all established; accordingly judgment entered for plaintiffs and the defendant's counterclaim dismissed, with costs to plaintiffs.

Court Disposition

Judgment for plaintiffs; defendant's counterclaim dismissed; costs to plaintiffs

Orders

  • Judgment entered for the plaintiffs
  • Counterclaim dismissed