4 Apr 2023
WORKWISE CORPORATION v. THE OCCUPIER(S) of Lot No 250, Section A of Lot No 251, Sub-Section 2 and Sub-Section 3 of Section B of Lot No 251, The Remaining Portion of Section B of Lot No 251, The Remaining Portion of Lot No 265 and Lot No 266 all in Demarcation District No 111, Yuen Long, New Territories, Hong Kong AND ANOTHER
- Citation
- [2023] HKDC 447
- Court
- District Court
- Case number
- DCMP1067/2018
The court found on the balance of probabilities that the Possessed Area was completely enclosed by fences and a gate from at least 1980 and continuously from 1996; experts corroborated linear features in aerial photographs and the Survey Sheets were unreliable for fence existence. The occupiers (respondent's father and then respondent) demonstrated animus possidendi and sufficient exclusive possession and control since 1996 for the 12‑year limitation period. Therefore title of the plaintiff to the Disputed Land was extinguished under the Limitation Ordinance and respondent acquired an indefea…