21 Mar 2012
WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER
- Citation
- WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV59/2011
The Court held the doorway existed from the time of the building's original development (present at the date of first assignment in March 1965), was not shown to be an illegal structure, and had been used sufficiently from 1965 to 2004 to found a right of way by long user; clause 2 of the DMC supported the access right. Accordingly the appeal failed and the declaration that the plaintiff has a right of way was upheld.