Read the full judgment text of HCMP 001326/2005 on BabelCite. This High Court CFI judgment was delivered on 17 February 2006 before Deputy High Court Judge Muttrie.
Land law – adverse possession – limitation – squatter – tenant – aggregation of periods – belief of ownership – Limitation Ordinance Cap 347 s.7(2) and s.17 – plaintiffs claim possessory title to flat – 1st defendant registered owner – 2nd defendant personal representative of deceased beneficial owner – purchase agreement in 1972 – uncompleted sale – sale by son without probate in 1979 – lease to tenant – receipt of rent – continuous adverse possession from 1979 – 20-year period exceeded – title extinguished – judgment for plaintiffs – no order as to costs
Legal issues: Adverse possession and limitation
Outcome: Judgment for the plaintiffs. Adverse possession established and defendants' title extinguished under section 17 of the Limitation Ordinance.
Cited by 6 cases