Hong Kong Case Law: Decisions & Judgments

Topic

Successive squatters

Legal area

Court

12 Dec 2025

CHEUNG KWAI CHUN v. GLENN FOK, Executor of the Estate of FOK WAI HON also known as RESSEL FOK, Deceased AND ANOTHER

Citation

[2025] HKDC 2084
Court

District Court
Case number

DCCJ4215/2017

On the facts the court found that the family (HK then CKC) and successors (including licensees) occupied the Lots continuously and without payment of rent from 1989 and that CKC acquired animus possidendi by at least 2000; the registered owners’ right to recover the Lots is statute-barred under s7(2) and their title extinguished under s17 of the Limitation Ordinance; accordingly Cheung Kwai Chun has acquired a possessory title and Law Wai Fong’s adverse possession claim is dismissed.
19 May 2025

SIT YAU LAN v. HO KIN WING DENNIS

Citation

[2025] HKDC 826
Court

District Court
Case number

DCCJ5901/2016

On the facts the Plaintiff established continuous exclusive factual possession and the requisite intention to possess the whole lot by cultivation from circa 1997-1998 (and by fencing by 2004), such possession satisfied the elements of adverse possession and ran for the requisite limitation period so that the Defendant's registered title was extinguished; therefore the Plaintiff is entitled to a possessory title and exclusive possession, and the Defendant's counterclaim is dismissed.
26 May 2021

CHAN YIU MAN AND OTHERS v. WONG HELEN MEE LING, the administratrix of the estate of WONG FOR CHUEN (黃火全) alias WONG FOA TSUN (黃火全), deceased AND ANOTHER

Citation

[2021] HKDC 624
Court

District Court
Case number

DCCJ1575/2019

On the uncontroverted evidence and expert surveys the plaintiffs and their predecessors were in exclusive and continuous possession of Lot 756 since 1970 with clear animus possidendi for over 20 years, thereby acquiring an indefeasible possessory title and resulting in extinguishment of the defendants' title under Limitation Ordinance Cap 347 s17.
25 Jul 2018

CHONG HING BANK LTD (formerly known as LIU CHONG HING BANK LTD) v. FAIRVIEW CITY LTD AND OTHERS

Citation

[2018] HKCFI 1732
Court

Court of First Instance
Case number

HCMP3225/2014

Where successive squatters have enjoyed continuous and exclusive de facto possession and effective control of defined parts of land, they can rely on the cumulative period of possession against the paper owner; registration of structures under the Squatter Control Policy does not, of itself, defeat animus possidendi on private land; accordingly the 5th and 6th Defendants established adverse possession of the Green and Orange Areas and the mortgagee's application for possession of those areas must be dismissed.
29 Aug 2008

RICAS PROPERTIES LTD v. ARMED FORCES TRADING CO LTD AND OTHERS

Citation

RICAS PROPERTIES LTD v. ARMED FORCES TRADING CO LTD AND OTHERS
Court

District Court
Case number

DCMP75/2008

Summary possession under O.113 was refused because credible, triable issues exist: it is arguable the grandson acquired possessory title by adverse possession (successive adverse occupation aggregates against the registered owner) and there is a triable issue whether the 3rd defendant occupies under a tenancy (or at least has sufficient interest to defend). Consequently the matter must proceed to full trial and be continued as if commenced by writ.
22 Nov 1999

NG LAI SIM v. LAM YIP SHING AND ANOTHER

Citation

NG LAI SIM v. LAM YIP SHING AND ANOTHER
Court

Court of First Instance
Case number

HCA2963/1998

Court found on the facts that the plaintiff (through her father‑in‑law from 1977 and herself from 1995) had factual possession and the requisite intention to possess to the exclusion of the world for the statutory period; accordingly the paper owner's title was extinguished under s.17 of the Limitation Ordinance and the plaintiff was entitled to declarations and rectification of the Land Register.

Hong Kong Case Law

CHEUNG KWAI CHUN v. GLENN FOK, Executor of the Estate of FOK WAI HON also known as RESSEL FOK, Deceased AND ANOTHER

SIT YAU LAN v. HO KIN WING DENNIS

CHAN YIU MAN AND OTHERS v. WONG HELEN MEE LING, the administratrix of the estate of WONG FOR CHUEN (黃火全) alias WONG FOA TSUN (黃火全), deceased AND ANOTHER

CHONG HING BANK LTD (formerly known as LIU CHONG HING BANK LTD) v. FAIRVIEW CITY LTD AND OTHERS

RICAS PROPERTIES LTD v. ARMED FORCES TRADING CO LTD AND OTHERS

NG LAI SIM v. LAM YIP SHING AND ANOTHER