Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession through tenant

Legal area

Court

23 Jun 2016

PANG MOON WAN AND ANOTHER v. YU CHI FOON AND OTHERS

Citation

PANG MOON WAN AND ANOTHER v. YU CHI FOON AND OTHERS
Court

District Court
Case number

DCMP2331/2015

The court found the 1961 agreement to be a tenancy (not an assignment); the tenancy and receipt of rents constituted acts of ownership and counted towards adverse possession notwithstanding the defendants' reliance on ss12(3) and 13(3) Limitation Ordinance; the plaintiffs (through their predecessor) had factual possession and animus possidendi of the Lots (including the Footpath) for the requisite period so the defendants' registered title to defined parts of Lots 2287, 2296, 2299 and 2302 was extinguished under ss7 and 17 Limitation Ordinance; accordingly the plaintiffs' claim was allowed (w…
18 Nov 2002

TANG KWAN TAI v. TANG KOON LAM AND ANOTHER

Citation

TANG KWAN TAI v. TANG KOON LAM AND ANOTHER
Court

Court of Appeal
Case number

CACV214/2002

Letting the land to tenants does not necessarily interrupt adverse possession; where the squatter retains dominion (notably by receipt of rents) and the true owner has been dispossessed for the requisite period, the possessory title is acquired and the true owner's title is extinguished under the Limitation Ordinance. Therefore the plaintiff had acquired possessory title and the appeal fails.