Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

License/consent to occupy

  • 18 Sept 2017

    CHAN KAN MUN v. SANYEAR INVESTMENTS LTD

    Citation
    CHAN KAN MUN v. SANYEAR INVESTMENTS LTD
    Court
    District Court
    Case number
    DCCJ520/2014

    Plaintiff failed to establish continuous adverse possession sufficient to extinguish the registered owner's title. The uncle (Chan On) occupied with consent evidenced by the MOT and lacked animus to exclude the paper owner; the plaintiff's exclusive possession began only in mid-2006 (objective evidence accepted) and therefore was shorter than the limitation period. Consequently the registered owner retains title; plaintiff's claim dismissed and defendant entitled to vacant possession, nominal mesne profits and related orders.

  • 18 Sept 2017

    CHAN KAN MUN v. SANYEAR INVESTMENTS LTD

    Citation
    CHAN KAN MUN v. SANYEAR INVESTMENTS LTD
    Court
    District Court
    Case number
    DCCJ3328/2014

    Plaintiff failed to prove continuous adverse possession for the requisite limitation period because (a) Chan On occupied with the consent of the registered owner under an MOT and therefore did not have animus possidendi; and (b) plaintiff was not in continuous exclusive possession from 1998 but only from mid‑2006, which is less than the limitation period. Consequently the plaintiff did not acquire possessory title; defendant entitled to possession, nominal mesne profits and vacatur of the lis pendens; costs to defendant.