Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dedication

  • 30 Sept 2025

    FINE HILL HOLDINGS LTD v. CHUNG KWOK KEE JENSSION AND OTHERS

    Citation
    [2025] HKDC 1651
    Court
    District Court
    Case number
    DCCJ6745/2024

    On the evidence (documentary, aerial photos, survey reports and inferred historical use) the court was satisfied on the balance of probabilities that the plaintiff and its predecessors had continuous, open and uninterrupted use of the Disputed Path for over 20 years such that an easement by prescription (lost modern grant) was established; the land was historically landlocked and an easement of necessity existed; the 3rd defendants’ non‑contest did not prevent declaration as to their servient tenements; accordingly the plaintiff was entitled to declaratory relief, mandatory and prohibitory in…

  • 6 Nov 2006

    CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

    Citation
    CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY
    Court
    Court of First Instance
    Case number
    HCA21228/1998

    The court accepted the 1973 letter as amounting to dedication and found plaintiffs established easement rights by dedication and by prescription via lost modern grant on the evidence; other claims (time immemorial, necessity, implied reservation, estoppel) were not all established; accordingly judgment entered for plaintiffs and the defendant's counterclaim dismissed, with costs to plaintiffs.