11 Aug 2020
MONAT INVESTMENT LTD v. ALL PERSON(S) IN OCCUPATION OF Part of The Remaining Portion of Lot No 591 in Mui Wo D.D. 4 No.16 Ma Po Tsuen, Mui Wo, Lantau Island AND ANOTHER
- Citation
- [2020] HKCFI 1970
- Court
- Court of First Instance
- Case number
- HCMP1894/2015
The court found that the 2nd Defendant acquired adverse possession over the brick house (Brown Area) from at least December 1980 (by succession from his mother) and over the semi-circular paved area from 1996; the Limitation Ordinance periods had expired and the defendant succeeded on his counterclaim. Illegality (breach of government lease and Buildings Ordinance s14) did not bar the adverse possession claim on these facts because the Limitation Ordinance and public policy in favor of protecting long uninterrupted possession outweigh enforcement interests, and there was no strong public inte…