20 Jul 2023
CHAN WAI HUNG v. THE INCORPORATED OWNERS OF TUNG LO COURT
- Citation
- [2023] HKDC 983
- Court
- District Court
- Case number
- DCCJ4396/2019
The court held that relativity of title applies: plaintiff acquired exclusive possession of Lot 51 from 2001 until dispossession by the IO in October 2013 and thus has a relatively better possessory title than the IO; IO is estopped from denying plaintiff's relatively better title by its conduct; plaintiff failed to establish adverse possession of the Pathway for the 12 year statutory period because exclusive possession commenced only in the second half of 2002 and animus was not continuous for twelve years; remedies ordered include declaration, delivery of vacant possession within seven days…