21 Aug 2020
FAIRBO INVESTMENT LTD v. LEUNG CHIT, THE PERSON APPOINTED BY ORDER DATED 22ND NOVEMBER 2017 TO REPRESENT THE ESTATE OF LEUNG TAI CHEUNG ALSO KNOWN AS LIANG TAI CHEUNG AND LIANG CHUN, DECEASED AND ANOTHER
- Citation
- [2021] HKLdT 66
- Court
- Lands Tribunal
- Case number
- LDCS23000/2014
The tribunal held that the applicant, as assignee of a person with possessory title by adverse possession, could be treated as the owner of the undivided share for the purpose of releasing proceeds of sale or, alternatively, that the possessory title constituted an incumbrance affecting the lot; accordingly, under Cap 545 (ss 4(6), 11(2)(b), 11(6)(b)(i) and 11(7)(a)) the proceeds apportioned to the 2nd respondent's share were payable to the applicant.