TANG TAK HONG v. CHEUNG YAT FUK

1996, No.MP3265

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

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J U D G M E N T

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1. This is an application by the Plaintiff Tang Tak-hong for declarations against the registered owner of land situated and registered in Yuen Long New Territories Land Registry known as Lot No.473 in Demarcation District No.114 ("the Land").

2. The Land is registered in the name of the Defendant Cheung Yat-fuk. In these proceedings the Plaintiff has filed evidence to the effect that he has been in adverse possession of the Land for the last 29 years. The Land was vacant at the time the Plaintiff took it over. He proceeded to cultivate it as well as to erect a fence for the property. In March 1967, he let the Land to one Mr Cheung Man-yau for a term initially for 10 years, commencing from 25 March 1967 at the annual rental of $120. It appears that in 1977 the lease was renewed for a term of five years and there have been subsequent renewals. According to the Plaintiff, the Land is still currently let to the same tenant at a revised rent.

3. Attempts to find and serve the Defendant were futile and orders for substituted service of the Originating Summons as well as of the notice of today's hearing were granted and substituted service effected by way of advertisement.

4. Under the provisions of section 17 of the Limitation Ordinance, Cap.347 (the "Ordinance"), at the expiration of the period prescribed by the Ordinance for any person to bring an action to recover land, the title of that person to the land shall be extinguished. The relevant period for present purposes is 20 years.

5. On the evidence, I am satisfied that the Defendant's title to the Land has been extinguished. I am equally satisfied that the Plaintiff has established a possessory title to the Land. Accordingly, I will grant declarations in terms of paragraph 1 of the Originating Summons and I will also declare that the Plaintiff has established a possessory title to the property.