Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Exclusive possession/exclusion
  • 13 May 2024

    FULLAND INTERNATIONAL LTD v. LIU KIN LAM

    Citation
    [2024] HKCFI 1209
    Court
    Court of First Instance
    Case number
    HCA1443/2019

    Defendant failed to prove adverse possession: his occupation began under consent of his parents (therefore licence) and he did not establish the requisite animus possidendi to exclude the world at large (no effective exclusion measures such as fencing, accessible footpaths, electricity evidence indicating periods of non‑use); at the earliest possession in own right only from 2012, insufficient for 20 years; accordingly plaintiff entitled to vacant possession, mesne profits and costs.