27 Aug 2021
RICHLANDS PROPERTIES LTD v. THE OCCUPIER(S) of Lot No 1347 in Demarcation District No 102, Yuen Long, New Territories, Hong Kong AND ANOTHER
- Citation
- [2021] HKDC 940
- Court
- District Court
- Case number
- DCMP3807/2016
Section 38A of the Limitation Ordinance applies because the alleged adverse possession began before 1 July 1991, so a 20-year limitation applies; the 2nd defendant failed to prove on the balance of probabilities continuous exclusive physical possession of the Disputed Area for at least 20 years and thus failed to establish adverse possession or acquire an easement by prescription; accordingly the counterclaim is dismissed and plaintiff entitled to recover possession; costs ordered nisi from 12 April 2017.