12 May 2021
PANG KWAN CHUN v. MAN SHUN PING AND ANOTHER
- Citation
- [2021] HKDC 491
- Court
- District Court
- Case number
- DCCJ5200/2015
The court found on the balance of probabilities that the Plaintiff and her late husband exercised factual possession of the disputed Green Area by cultivation, maintenance and use of associated structures and access routes, and showed animus possidendi (including exclusionary acts such as gates and an eviction incident); the requisite limitation period of 12 years from about 1998 was satisfied so the Defendants' registered title was extinguished under section 17 of the Limitation Ordinance; separately, continuous user of the Footbridge, Footpath and Track for over 20 years gave rise to prescr…