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Hong Kong Case Law

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Property law [2025] HKDC 1651

FINE HILL HOLDINGS LTD v. CHUNG KWOK KEE JENSSION AND OTHERS

The court found a prescriptive right of way and an easement of necessity over the disputed path, granted injunctions, and awarded HK$592,200 in damages.

  • Right of way
  • Prescription
  • Lost modern grant
  • Easement of necessity
  • Dedication
  • Declaration
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Property [2025] HKDC 1402

TANG KWOK PONG v. TANG LUN KOK TSO with TANG CHUEN-FAT alias TANG CHUN-FAT, TANG TAK-WAI alias TANG YUT-KWONG, TANG CHUN-SHU and TANG SUN-YIP as managers AND OTHERS

District Court granted an interlocutory prohibitory injunction protecting a claimed right of way, holding damages were inadequate and a serious issue existed.

  • Right of way
  • Interlocutory injunction
  • Prescription
  • Lost modern grant
  • Adequacy of damages
  • Balance of convenience
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Property law [2025] HKCFA 8

SO KWAI CHUNG v. WONG WAI YING ANITA AND OTHERS

The Court of Final Appeal held that a co-owner could be bound by a right of way arising from proprietary estoppel where it did not exceed the grantor’s proper use or prejudice the other co-owner.

  • Tenant in common
  • Right of way
  • Proprietary estoppel
  • Equitable easement
  • Successors in title
  • Acquiescence
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Building management [2025] HKLdT 7

交通城大廈業主立案法團 v. PAKATOWER LTD

The Lands Tribunal held that Pakatower had exclusive occupation rights in the disputed premises, ordered vacant possession and mesne profits, and dismissed the Incorporated Owners’ counterclaims.

  • Deed of mutual covenant interpretation
  • Exclusive occupation
  • Mesne profits
  • Delivery of vacant possession
  • Common areas vs private units
  • Quasi-easement
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Property law [2025] HKLdT 7

PAKATOWER LTD v. THE INCORPORATED OWNERS OF TRANSPORT CITY BUILDING

The Lands Tribunal held the disputed premises remained part of Pakatower’s unit, not common areas or facilities, and ordered vacant possession and mesne profits.

  • Deed of mutual covenant interpretation
  • Common areas versus private units
  • Quasi-easement
  • Non-derogation of grant
  • Manager's right of access
  • Mesne profits
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Property law [2025] HKCFI 388

CHING TO YUEN LTD v. THE INCORPORATED OWNERS OF PRISTINE VILLA

The court rejected a claimed public right of way and prescription-based easement over Pak Lok Path, and upheld the defendant’s counterclaim for declaratory relief and an injunction.

  • Dedication of highway
  • Prescription (lost modern grant)
  • Right of way
  • Private road
  • Government consent to surrender
  • Extinction by radical change
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Property [2024] HKDC 1858

SO LAI HA YVONNE v. HO TIM TAI AND ANOTHER

The District Court held that part of House No.35A lay within Lot 426, granting the plaintiff possessory title to PA1 and a prescriptive right of way over PA2.

  • Possessory title
  • Right of way
  • Boundary dispute
  • Expert evidence
  • Airspace
  • Limitations
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Property [2023] HKCFI 648

LEE KOK CHE AND OTHERS v. ROYAL MORTGAGE LTD AND OTHERS

The Court of First Instance granted declarations of a pedestrian and vehicular right of way over the Suit Access Road, mainly on lost modern grant.

  • Lost modern grant
  • Public dedication and acceptance
  • Right of way
  • Stay of proceedings
  • Bona vacantia
  • Counterclaim dismissal
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Property [2023] HKCA 270

CHENG SING KEUNG AND ANOTHER v. CHAN KA HAY AND OTHERS

The Court of Appeal held that the plaintiffs had vehicular and pedestrian easements over the Side Gate, but no vehicular right over the Main Gate. Nominal damages were awarded for interference in 2013.

  • Right of way
  • Proprietary estoppel
  • Implied grant
  • Necessity
  • Wheeldon v burrows
  • Conveyancing and property ordinance s16(1)
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.