22 Apr 2021
FUNG YUK LUEN v. WONG FUNG LAN
- Citation
- [2021] HKDC 487
- Court
- District Court
- Case number
- DCCJ447/2017
Although the plaintiff showed factual possession by enclosure and use, the court found he failed to establish animus possidendi for the relevant period because credible evidence of a village practice of lending land, negotiations to buy or swap the lots (including a specific HK$150,000 offer) and the plaintiff's conduct in allowing or not preventing a 2016 survey were consistent with a licence/acknowledgement of the owners' title; accordingly adverse possession was not established and the defendants were entitled to possession.