62 lines
3.8 KiB
YAML
62 lines
3.8 KiB
YAML
plaintiff:
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- BIRKENHEAD PROPERTIES AND INVESTMENTS LIMITED
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defendant:
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- LAM KAI-MAN (林啟文)
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- PERSON(S) IN OCCUPATION OF THE LAND
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case_reason: Land recovery action - adverse possession claim. The plaintiff, as registered owner of Lot No 769 (part) in Demarcation District No 99, Yuen Long, New Territories, sought to recover possession of land from a squatter. The defendant counterclaimed adverse possession of the disputed area.
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judgment_summary: This is an action for recovery of land by the registered owner against a squatter. The plaintiff became the registered owner of Lot No 769 (part) in Yuen Long, New Territories on 25 May 1978 and sought to recover a rectangular plot of land. The 1st defendant claimed continuous exclusive possession since before March 1999 and counterclaimed adverse possession. The court found that although the defendant had exclusive possession of the disputed area (except the Marshy Area), he failed to demonstrate the necessary animus possidendi (intention to possess) and that his possession was adverse to the plaintiff. Critically, his possession fell short of the 12-year period required under the Limitation Ordinance to extinguish the plaintiff's title. The court dismissed the defendant's defence and counterclaim, entering judgment for the plaintiff for possession of the disputed land.
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jurisdiction_code: HKCFI
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jurisdiction_name: High Court of the Hong Kong Special Administrative Region, Court of First Instance
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case_location: Hong Kong Special Administrative Region
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case_object:
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- Lot No 769 (part) in Demarcation District No 99, Yuen Long, New Territories
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- Area Shaded White (including the disputed Area and Marshy Area)
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- Left Government Land
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- Right Government Land
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- Temporary structures (TS-1, TS-2, TS-3)
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judgment_result:
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plaintiff_claims:
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- claim: Recovery of possession of land (the Area within Lot No 769)
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established: true
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defendant_counterclaims:
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- claim: Adverse possession of the entire Area Shaded White
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established: false
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orders:
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- Judgment for possession of the Area Shaded White entered against the 1st and 2nd defendants
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- The 1st defendant's counterclaim dismissed
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- The 1st defendant to pay costs to the plaintiff
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involved_entities:
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- name: BIRKENHEAD PROPERTIES AND INVESTMENTS LIMITED
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role: Plaintiff - registered owner of Lot No 769 (part) since 25 May 1978, seeking to recover possession of land from squatter
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- name: LAM KAI-MAN (林啟文)
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role: 1st Defendant - motor mechanic operating "Chi Shing" motor service company, claimed adverse possession of disputed land since 1988-1989
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- name: PERSON(S) IN OCCUPATION OF THE LAND
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role: 2nd Defendant - no appearance entered
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- name: Mr Shea (佘常光 - Shea Sheung Kwong)
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role: Former occupier of the land who raised poultry and pigs, allegedly sold rights to defendant and Mr Siu in 1999
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- name: Mr Siu (蕭樹棠 - Siu Shu Tong)
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role: Co-purchaser with defendant in 1999 Agreement, occupied Right Government Land and parts of disputed area until around 2005
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- name: Mr Yip
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role: Third party who made Town Planning Application relating to Left Government Land and part of the Area
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- name: China Light and Power Limited
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role: Electricity supplier - defendant applied for electricity supply in March 1999, meter installed on Left Government Land
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- name: Hon To J
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role: Judge presiding over the case
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- name: Mr Chan (Ted Chan & Associates Limited)
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role: Plaintiff's expert witness on survey sheets and aerial photographs interpretation; also counsel for the Plaintiff
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- name: Mr Joseph Wong (Land Marker (1980) HK Co Ltd)
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role: Defendant's expert witness on interpretation of survey sheets and aerial photographs
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- name: Mr Cheung
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role: Counsel for the 1st Defendant
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- name: Lau Sau Fung (劉秀鳳)
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role: Witness to the 1999 Agreement between defendant, Mr Siu and Mr Shea
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