27 Apr 2010
TANG KAM SHEUNG v. THE INCORPORATED OWNERS OF Y.Y. MANSION
- Citation
- TANG KAM SHEUNG v. THE INCORPORATED OWNERS OF Y.Y. MANSION
- Court
- Lands Tribunal
- Case number
- LDBM309/2005
The IO breached its duties under Clauses 21(i) and 21(l) of the DMC and s.18(1)(c) of the BMO by failing to take reasonably necessary steps to remove an unlawful wall that caused continuing trespass and obstructed a common passageway; only the IO could enforce rights over common parts so the individual owners' claims against the neighbouring owner were not maintainable; a mandatory injunction ordering the IO to remove the part of the wall within the CP25 boundary within nine months was required to resolve the continuing trespass and obstruction, while damages were not awarded due to mitigatio…