8 Dec 2011
SECRETARY FOR JUSTICE v. CHAU KA CHIK TSO AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. CHAU KA CHIK TSO AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV5/2011
The Court held that where a tenant has uninterrupted occupation of adjoining government land and the presumption that the encroachment was annexed to the demise is unrebutted, the doctrine of encroachment (presumption and estoppel) prevents the tenant from claiming adverse possession against the landlord; the Crown's right to recover was therefore barred after the limitation period ran (1984) and respondents acquired a leasehold interest in the encroached land coterminous with their leases, recoverable only at lease termination (leases extended to 2047). The Renewal Ordinance did not defeat c…