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ARTICLE · 13 MAY 2014

Adverse Possession: Mind Your Property

Tanner De Witt
Tanner De Witt
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Tanner De Witt

Tanner De Witt

Tanner De Witt is an established independent law firm in Hong Kong. Its primary focus is business...

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How is it possible that someone can end up rightfully possessing land by being a trespasser?

Hong KongReal Estate and Construction
Tanner De Witt
Tanner De Witt

How is it possible that someone can end up rightfully possessing land by being a trespasser? Strange as it may be, this is possible under the centuries-old doctrine of adverse possession. Adverse possession allows someone to obtain a right to possess land by occupying it long enough under the Limitation Ordinance (Cap.347) to "extinguish" the original owner's title. Under the Limitation Ordinance, actions for recovery of land by any person are statute-barred after 20 years from the date the right of action accrued, if the action accrued before 1 July 1991. Where the right of action accrued after 1 July 1991, the prescribed period is 12 years.

Adverse possession – evidential burden

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