20 May 2026
TAI MO PIU AND OTHERS v. LAM KA YEE EMMA
- Citation
- [2026] HKDC 837
- Court
- District Court
- Case number
- DCCJ3848/2020
The defendant's replacement and locking of the 2019 automated vehicular gate constituted unlawful and substantial interference with the plaintiffs' proprietary easement as created by the Deed of Grant; clause 2(d)'s covenant against obstruction, read in context, precludes a locked automated system that restricts access to only one of the dominant owners; accordingly a mandatory injunction ordering removal of the vehicular gate from the RoW and prohibitory orders preventing obstruction or erection of a new obstructive gate on the RoW are warranted, and costs follow the event.