Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory corporation (incorporated owners)
  • 31 May 2007

    THE INCORPORATED OWNERS OF SAN PO KONG MANSION v. SHINE EMPIRE LTD

    Citation
    THE INCORPORATED OWNERS OF SAN PO KONG MANSION v. SHINE EMPIRE LTD
    Court
    Court of Final Appeal
    Case number
    FACV16/2006

    The appellant failed to prove the necessary factual possession and animus possidendi for the 20-year limitation period. The acts relied on were equivocal, often constituted ordinary management duties or individual, temporary uses, and did not amount to single and exclusive possession to exclude the paper title owner; therefore no adverse possession or dispossession occurred and the respondent's title remains intact.

    • Adverse possession
    • Dispossession
    • Animus possidendi
    • Common parts of building
    • Statutory corporation (incorporated owners)
    • Limitation ordinance ss.7(2) and 17