Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Airspace/vertical division of land
  • 14 Aug 2019

    鄧秀蓮 對 YOUNGFIELD LTD 及另十九人

    Citation
    [2019] HKCA 903
    Court
    Court of Appeal
    Case number
    CACV329/2018

    The Court of Appeal upheld the trial judge: the claimant established adverse possession of the enclosed locked metal storage units (including two suspended lockers) by continuous, exclusive use and objective acts (enclosure, locks, exclusive keys) over a sufficient period demonstrating intention to possess; a clearly identified three‑dimensional enclosed space can be the subject of adverse possession; the appellant’s factual and legal challenges failed; the only change was adjustment of the costs allocation in favour of the claimant.