27 Mar 2020
LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON
- Citation
- [2020] HKDC 153
- Court
- District Court
- Case number
- DCCJ287/2016
On the balance of probabilities the court found the Wong family had continuous exclusive factual possession and the requisite intention to possess Lot 214A from 1975 to 2016; the defendant failed to prove any licence/consent that would negate adverse possession; the presumption of encroachment (if applicable) was rebutted by the specific history and arrangements; accordingly the defendant's registered title was extinguished under section 17 of the Limitation Ordinance and the estate of Wong acquired a possessory title; the counterclaim was dismissed and the applicant's request for a statutory…