Hong Kong Case Law: Decisions & Judgments

Topic

Presumption of encroachment

Legal area

Court

30 Nov 2020

LU XIAOHUA, THE ADMINISTRATRIX OF THE ESTATE OF WONG YIU CHUNG, DECEASED v. HAU SHUN CHI NELSON

Citation

[2020] HKCA 977
Court

Court of Appeal
Case number

CAMP132/2020

The Court upheld the trial judge's factual findings that the Wong family had exercised exclusive factual possession of Lot 214A since 1975 with the necessary intention to possess, that simple fencing and conduct were sufficient given the location, and that the presumption of encroachment was rebutted by the historical facts; those findings are not plainly wrong and do not raise reasonably arguable grounds of appeal, so leave to appeal is refused.
3 Aug 2020

LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON

Citation

[2020] HKDC 606
Court

District Court
Case number

DCCJ287/2016

The application for leave to appeal is dismissed because none of the five proposed grounds establishes a reasonable prospect of success; the trial judge’s factual findings that the Wong family had exclusive adverse possession, that the presumption of encroachment was rebutted on the special facts, and that oral/licence claims were unreliable were entitled to deference and were dispositive of the appeal prospects.
27 Mar 2020

LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON

Citation

[2020] HKDC 153
Court

District Court
Case number

DCCJ287/2016

On the balance of probabilities the court found the Wong family had continuous exclusive factual possession and the requisite intention to possess Lot 214A from 1975 to 2016; the defendant failed to prove any licence/consent that would negate adverse possession; the presumption of encroachment (if applicable) was rebutted by the specific history and arrangements; accordingly the defendant's registered title was extinguished under section 17 of the Limitation Ordinance and the estate of Wong acquired a possessory title; the counterclaim was dismissed and the applicant's request for a statutory…
2 Mar 2017

INCORPORATED OWNERS OF WESTERN COURT v. CONRAD SALAT CZAKAT RUMJAHN appointed by the Court to represent the Estate of USUF RUMJAHN, Deceased

Citation

INCORPORATED OWNERS OF WESTERN COURT v. CONRAD SALAT CZAKAT RUMJAHN appointed by the Court to represent the Estate of USUF RUMJAHN, Deceased
Court

Court of First Instance
Case number

HCMP2244/2012

The court refused to strike out the plaintiff's claim at interlocutory stage because it was not plain and obvious that the IO lacked capacity or locus to claim adverse possession of the RW Lot or that limitation had not run; there were arguable grounds that the IO and/or owners had taken possession, that the presumption of encroachment and assignment issues required full trial, and that Group Leader had sufficient interest to be joined. Consequently the defendant's strike out application was dismissed (save for limited declaratory reliefs struck), and the plaintiff's application to join Group…
14 Jan 2015

LIU KAM HOI AND OTHERS v. LIU PING KUEN, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LIU FUN KEE

Citation

LIU KAM HOI AND OTHERS v. LIU PING KUEN, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LIU FUN KEE
Court

Court of First Instance
Case number

HCA6728/1998

The court held that plaintiffs were entitled to rely on the presumption of encroachment without having pleaded it; the burden of proving adverse possession remained with the defendant who must show an intention to exclude the landlord; in the exercise of its discretion the court granted the defendant leave to re-amend and to file the second supplemental witness statement despite delay because delay was largely attributable to the defendant's advisers and the proceedings had been dormant for long periods since 1998, and because prejudice to plaintiffs was not sufficient to outweigh allowing th…

Hong Kong Case Law

LU XIAOHUA, THE ADMINISTRATRIX OF THE ESTATE OF WONG YIU CHUNG, DECEASED v. HAU SHUN CHI NELSON

LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON

LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON

INCORPORATED OWNERS OF WESTERN COURT v. CONRAD SALAT CZAKAT RUMJAHN appointed by the Court to represent the Estate of USUF RUMJAHN, Deceased

LIU KAM HOI AND OTHERS v. LIU PING KUEN, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LIU FUN KEE