4 Mar 2011
WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER
- Citation
- WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2576/2007
The court found on the balance of probabilities that the opening existed from at least March 1965 and was used sufficiently to establish an easement by long user; the defendant failed to prove the opening was illegal or that the plaintiff abandoned the easement; accordingly a declaration of right of way was granted but mandatory reinstatement was refused and enforcement of remedial works was left to the Building Authority under s24 of the Buildings Ordinance.