SHING LUEN FAT v. SHING CHI PING

SHING LUEN FAT v. SHING CHI PING

Court found on balance of evidence that plaintiff’s father occupied the Property exclusively from around 1960, possession continued successively by mother and then plaintiff, with requisite factual possession and animus; defendant’s paper title was therefore time-barred and extinguished; plaintiff entitled to...

Source-derived case information.

Citation
SHING LUEN FAT v. SHING CHI PING
Parties
Plaintiff: Shing Luen Fat; Defendant: Shing Chi Ping
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2013
Case Number
DCCJ3789/2010
Procedural Posture
Civil Action Property Dispute (adverse Possession, Easement) / Judgment (district Court)
Outcome
Plaintiff declared to have acquired possessory title to the Property including the Pathway; defendant's paper title extinguished; defendant's counterclaims dismissed
Legal Topics
Adverse Possession, Prescription, Right of Way, Animus Possidendi, Abandonment, Limitation Period, Injunctions, Damages, Self Help Demolition, Costs
Source Language
en
Property Law Land Law Adverse Possession Easements Limitation Law Civil Procedure Prescription Right of Way +7 more

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Parties

Shing Luen Fat

Plaintiff

Shing Chi Ping

Defendant

Procedural Posture

Civil Action Property Dispute (adverse Possession, Easement) / Judgment (district Court)

Legal Issues

  1. 1 Whether plaintiff acquired possessory title by successive adverse possession
  2. 2 Whether occupation was by licence/permission from paper-title owner
  3. 3 Whether there was abandonment (gaps in possession)

Ratio Decidendi

Court found on balance of evidence that plaintiff’s father occupied the Property exclusively from around 1960, possession continued successively by mother and then plaintiff, with requisite factual possession and animus; defendant’s paper title was therefore time-barred and extinguished; plaintiff entitled to declaratory relief of possessory title, injunction, damages and costs.

Court Disposition

Plaintiff declared to have acquired possessory title to the Property including the Pathway; defendant's paper title extinguished; defendant's counterclaims dismissed

Orders

  • Declaration that plaintiff has acquired a possessory title to the Property and defendant's right to recover the Property is time-barred and extinguished
  • Order that defendant execute deed poll and all necessary documents to carve out the Property from Lot 256 RP in DD 123