黃坤平 對 張素芬

黃坤平 對 張素芬

On the balance of probabilities the plaintiff failed to prove continuous and uninterrupted adverse possession for the required 12 years because material interruptions and periods of non‑use are shown by maps, correspondence, electricity records and witness evidence (notably interruptions around 2004–2006, 2007–2008...

Source-derived case information.

Citation
黃坤平 對 張素芬
Parties
Plaintiff: WONG KWAN PING 黃坤平; Defendant: cheung so fAn kitty 張素芬
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2015
Case Number
HCA1716/2011
Procedural Posture
Civil – Adverse Possession (claim to Title by Possession) / Trial and Judgment (first Instance)
Outcome
Plaintiff's claim for title by adverse possession dismissed; defendant's counterclaims dismissed except for order removing registration of the writ at the Land Registry; costs awarded against the plaintiff; order interim for 21 days then final.
Legal Topics
Adverse Possession, Possession and Intention to Possess, Limitation Period (12 Years), Evidentiary Burden
Source Language
ch
Property Law Limitation Law Civil Procedure Adverse Possession Possession and Intention to Possess Limitation Period (12 Years) Evidentiary Burden

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

WONG KWAN PING 黃坤平

Plaintiff

cheung so fAn kitty 張素芬

Defendant

Procedural Posture

Civil – Adverse Possession (claim to Title by Possession) / Trial and Judgment (first Instance)

  1. 1 Whether the plaintiff had continuous and uninterrupted adverse possession of the land for the requisite 12 years under Cap.347 s7(2)
  2. 2 Whether any interruption or repossession occurred during the relevant period resetting the limitation period
  3. 3 Whether the plaintiff discharged the burden of proof on the balance of probabilities

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove continuous and uninterrupted adverse possession for the required 12 years because material interruptions and periods of non‑use are shown by maps, correspondence, electricity records and witness evidence (notably interruptions around 2004–2006, 2007–2008 and 2010–2011); consequently plaintiff did not acquire title by adverse possession and his claim is dismissed.

Court Disposition

Plaintiff's claim for title by adverse possession dismissed; defendant's counterclaims dismissed except for order removing registration of the writ at the Land Registry; costs awarded against the plaintiff; order interim for 21 days then final.

Orders

  • Plaintiff's claim dismissed and writ cancelled
  • Registration of the writ at the Land Registry (No. 12040200590112) to be expunged/cancelled