20 Jan 2025
CHING TO YUEN LTD v. THE INCORPORATED OWNERS OF PRISTINE VILLA
- Citation
- [2025] HKCFI 388
- Court
- Court of First Instance
- Case number
- HCA632/2018
The court held that there was no effective dedication of the Access Road as a public right of way because public use was by permission or tolerance and crucially there was no Government consent or demand for surrender under the lease conditions; further, no easement by prescription arose because the requisite 20 years' uninterrupted use as of right was not established (intensive shuttle use began in 2006 and earlier use was tolerated), therefore Plaintiff's claims failed; Defendant succeeded on counterclaim for declaratory relief and injunction restraining vehicular use without consent; Plain…