Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dedication of public right of way
  • 18 Apr 2007

    YAU YUK MING v. CHAN YUK LIN AND ANOTHER

    Citation
    YAU YUK MING v. CHAN YUK LIN AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4900/2006

    Summary judgment and a prohibitory injunction were granted for the Plaintiff because the Defendants failed to raise any triable issue or arguable defence: (1) no way of necessity could be implied in favour of Lot 903 over the Plaintiff's land because the Old Route existed at the time of the relevant grant and the Present Route would require implying a way over land of a stranger rather than over Government land (the grantor); (2) there was insufficient evidence of an intention to dedicate the Plaintiff's property as a public right of way and the user shown was consistent with licence/permissi…