2 Aug 2012
THE INCORPORATED OWNERS OF MOUNTAIN VIEW MANSION v. HEART CUISINE AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF MOUNTAIN VIEW MANSION v. HEART CUISINE AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV235/2011
Where a part of a building is a common part governed by the DMC and BMO, covenants attached to that common part run with the land and bind occupiers including adverse possessors; accordingly adverse possession and Limitation Ordinance defences do not defeat enforcement by the incorporated owners in the Lands Tribunal; the Tribunal had jurisdiction and an injunction to restore and restrain was appropriate; the respondents failed to prove adverse possession or justify delay; appeal dismissed.