Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Adverse possession of external wall

Legal area

Court

18 Dec 2015

GLOBAL TRADING OFFSHORE (PTC) LTD v. ALL PERSONS IN OCCUPATION OF WALL SHOP (ADJOINING SHOP G) ON GROUND FLOOR OF SAVOY MANSION, NO.49 CARNARVON ROAD, KOWLOON, HONG KONG AND ANOTHER

Citation

GLOBAL TRADING OFFSHORE (PTC) LTD v. ALL PERSONS IN OCCUPATION OF WALL SHOP<br>(ADJOINING SHOP G) ON GROUND FLOOR OF<br>SAVOY MANSION, NO.49 CARNARVON ROAD,<br>KOWLOON, HONG KONG AND ANOTHER
Court

District Court
Case number

DCMP2043/2013

As a matter of law the surface of an external wall cannot be adversely possessed; on the facts the court found occupation was pursuant to a tenancy/permission evidenced by payment records and correspondence, so the 2nd defendant failed to establish adverse possession and the plaintiff is entitled to possession and mesne profits.
24 Jun 2011

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS AND OTHERS

Citation

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS AND OTHERS
Court

Court of First Instance
Case number

HCMP1852/2008

The acts of affixing the Small Metal Box, Large Metal Box and Canopy to the External Wall, and their long use, did not establish as a matter of law exclusive possession of the External Wall or half its thickness; the owner retained use of the wall; therefore the 3rd Defendant had no arguable or triable defence of adverse possession and the Plaintiff was entitled to judgment under Order 14 Rule 1 for trespass and mandatory removal of the structures and to strike out the 3rd Defendant's counterclaim.