Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extinguishment of title under limitation ordinance

Legal area

Court

14 Jul 2021

FUNG CHI PUI NELSON v. LI WAN

Citation

[2021] HKDC 713
Court

District Court
Case number

DCCJ2045/2019

The plaintiff had continuous factual possession for 12 years and demonstrated animus possidendi; accordingly the defendant's right to recover possession was barred by section 7 of the Limitation Ordinance and the defendant's title was extinguished under section 17, so the plaintiff acquired an indefeasible possessory title.
9 Aug 2013

YEUNG MAU CHEUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KA MING COURT, CASTLE PEAK ROAD

Citation

YEUNG MAU CHEUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KA MING COURT, CASTLE PEAK ROAD
Court

Court of First Instance
Case number

HCA615/2010

Plaintiffs acquired possessory title by adverse possession through continuous exclusive possession with requisite intention from about October 1969; therefore the defendant's right to recover possession and title to the suit portions was extinguished by about October 1989 under the Limitation Ordinance, and section 34I of the BMO and the DMC do not bind the plaintiffs or bar their possessory title.