Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Vacation of memorials from land register
  • 13 Mar 2014

    LAU KAM TAI v. DAO KIN MING AND OTHERS

    Citation
    LAU KAM TAI v. DAO KIN MING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA913/2010

    The Court accepted credible eyewitness and documentary evidence that the plaintiff and her family continuously cultivated, fenced, guarded and occupied the Subject Land from about 15 August 1978 with the requisite animus possidendi for 20 years; the defendants' hearsay/unsupported assertions of tenancy were rejected; consequently D1's registered title was extinguished by limitation and the plaintiff acquired a possessory title, entitling her to declarations, possession, demolition of encroaching fence, vacatur of registered memorials and nominal damages.