Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Boundary/possession evidence
  • 5 Apr 2017

    FOREMOST HILL LTD v. LI HON BANK OF CHINA (HONG KONG) LTD

    Citation
    FOREMOST HILL LTD v. LI HON BANK OF CHINA (HONG KONG) LTD
    Court
    Court of First Instance
    Case number
    HCA2555/2013

    The court found on the evidence that the plaintiff and its predecessors had exclusive possession of the defined subject area from at least 1990 sufficient to establish title by adverse possession; plans attached to conveyancing documents are for identification and do not rebut the factual findings; contractual claims are time-barred and equitable enforcement of the DMC is subject to laches and, on the facts, defendants have not established sufficient timely assertion of rights or prejudice to defeat the plaintiff's claim; accordingly judgment is entered for the plaintiff and the defendants' c…