Hong Kong Case Law: Decisions & Judgments

Topic

Right of way/easement

Legal area

Court

10 Oct 2024

CHEUNG KWAN HO v. MAN CHEUNG LAM AND ANOTHER

Citation

[2024] HKDC 1706
Court

District Court
Case number

DCCJ4546/2019

Plaintiff was not granted a licence by the Tso conferring exclusive possession and is bound by prior HCMP findings (issue estoppel); accordingly plaintiff lacks standing to pursue nuisance and right‑of‑way claims. Plaintiff was, however, owner of the Pipes and proved on the balance of probabilities that the 1st defendant caused removal/erection of obstacles and damage to the Pipes; damages for repair were assessed at HK$32,500 with interest and tailored costs orders.
28 Apr 2023

CHENG YUK FUNG 對 CHEUNG WAI YUEN

Citation

[2023] HKLdT 35
Court

Lands Tribunal
Case number

LDBM220/2021

Clause 3(c) of the DMC does not confer on an individual owner the right to appropriate common parts to install new electrical infrastructure; absent an owners' committee, s34I renders conversion of common parts for private use impermissible without unanimous consent, and the applicant failed to prove any right to occupy the common wall for the new meter box, therefore the application is dismissed.
29 Oct 2021

CHEUNG SIU LING, the intended personal representative of the estate of Cheung Yin Kwong, deceased AND OTHERS v. TSE YUK LIN AND ANOTHER

Citation

[2021] HKDC 1290
Court

District Court
Case number

DCCJ759/2021

The court found there was a serious question to be tried on competing factual and legal claims to the right of way and that it was premature to decide merits on affidavits; the defendants' undertaking provided interim access and preserved the plaintiffs' position, so no interlocutory order was made on the amended injunction summons; the court exercised its discretion to allow procedural relief to enable the estates to participate (substitution of the executrix and appointment of a representative administrator) because there was no real prejudice to defendants and it was necessary to safeguard…
2 Oct 2009

CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING

Citation

CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING
Court

District Court
Case number

DCCJ3781/2008

The court construed the 1st Assignment and the contemporaneous DMC together and found the developer reserved exclusive rights over the factory flats, roofs, flat roofs, car parking spaces and related parts; the First Aid Room was included in the allocation of undivided shares and therefore fell within the developer's reservation and passed by subsequent assignments to the Chans; the IO's factual reliance on long occupation, consent or acquiescence did not displace the plaintiffs' proprietary rights; the IO's legal claims in respect of the S-parking spaces and asserted easement/right of way un…

Hong Kong Case Law

CHEUNG KWAN HO v. MAN CHEUNG LAM AND ANOTHER

CHENG YUK FUNG 對 CHEUNG WAI YUEN

CHEUNG SIU LING, the intended personal representative of the estate of Cheung Yin Kwong, deceased AND OTHERS v. TSE YUK LIN AND ANOTHER

CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING