19 Apr 2024
YIM YAU YING v. WONG CHE (or CHEE) SING
- Citation
- [2024] HKDC 480
- Court
- District Court
- Case number
- DCCJ1899/2019
The claim was dismissed because the plaintiff failed to prove the requisite animus possidendi since 1976; the defendant consistently manifested ownership through dealings with RVD and the Water Authority, remained registered for rates, and produced contemporaneous records of rent contacts (including 1995), which negated any abandonment; the tenancy had converted to a periodic tenancy and the defendant's right to recover accrued on service of the Notice to Quit on 25 January 2018; accordingly the plaintiff did not acquire title by adverse possession and the defendant remains legal owner.