Good title can be partly possessory

In Ease Kind Development Ltd v Land Source Investment Ltd ([2013] HKEC 1155, CFI) S had contracted to sell property to P and to give good title in accordance with section 13 of the Conveyancing and Property Ordinance. In respect of part of the property, it had the title deeds up to the assignment of a Government lease to Madam Leung. Madam Leung built a 6-storey residential building on most of the lot covered by the lease and assigned each storey to separate purchasers. The documentary title to the building was complete. Madam Leung had, however, retained title to a strip of land just over four inches wide. In earlier proceedings, it had been established that S and its predecessors had defeated Madam Leung’s title to that strip by adverse possession. In the present proceedings, the Court of First Instance held that S could give good title. The title deeds and the possessory title defeating that established by the deeds were sufficient to amount to a good title.

Michael Lower

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