30 Oct 2023
WONG YUK LIN v. CHAN TIM YIU RAYMOND, THE PERSONAL REPRESENTATIVE OF THE ESTATEOF CHAN KWOK CHOY (ALSO KNOWN AS CHAN KWOK CHOY SCOTT), DECEASED
- Citation
- [2023] HKDC 1508
- Court
- District Court
- Case number
- DCCJ1146/2021
On the evidence the plaintiff failed to prove exclusive factual possession and requisite intention for the 12-year period. Photographic, documentary and utility-bill evidence showed minimal or no use before 2017; independent witness and agent visits (2015, 2016, 2017) and episodes of entry or obstruction (including glue in keyhole) demonstrate that exclusive possession was absent or interrupted. The defendant's actions in 2019 were lawful self-help. Therefore the adverse possession and trespass claims are dismissed.