3 Mar 2023
LEE KOK CHE AND OTHERS v. ROYAL MORTGAGE LTD AND OTHERS
- Citation
- [2023] HKCFI 648
- Court
- Court of First Instance
- Case number
- HCA1308/2015
On the evidence (uncontested), the Suit Access Road existed in substantially the same form since at least 1962, public and Plaintiff use was open, continuous and as of right for over 20 years with no credible objection by servient owners; expert evidence confirmed usability; accordingly plaintiffs acquired pedestrian and vehicular easement by lost modern grant (and alternatively dedication and acceptance), the alleged change of use and illegality did not extinguish the easement, claim against the dissolved BVI-registered defendant (D6) is permanently stayed with liberty to restore, and certai…