20 Sept 2006
LAU WING HONG AND OTHERS v. WONG WOR HUNG AND ANOTHER
- Citation
- LAU WING HONG AND OTHERS v. WONG WOR HUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1454/2003
The Court held that adverse possession consists of factual possession and an intention to possess; the English encroachment presumption is part of Hong Kong law but is rebuttable; on the facts the landlord disclaimed any interest in the encroached land in August 1974 thereby rebutting the presumption; the Defendants demonstrated factual possession and intention (enclosure, maintenance, habitation) for the requisite period and succeed on their counterclaim to the specified portions of Lot 137 (Lot 137 SA RP and the parts of ss3, ss4 and ss5 within the A-B-C-Q-Z-I-A boundary), while the 4th and…