Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Encroachment presumption

Legal area

Court

16 Nov 2018

NG FUK SHING v. NG FUK NAM AND ANOTHER

Citation

[2018] HKCFI 2528
Court

Court of First Instance
Case number

HCA611/2015

The summons to try preliminary legal questions under O.33 was dismissed because the posed questions were not pure questions of law but factual and mixed issues (boundary of Lot642, extent/location of House7, historical possession, animus possidendi, possible ouster between co‑owners, and encroachment presumption) that could not be resolved without a full trial; consequently the preliminary issue would not dispose of the action and defendants' application failed.
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…