Adverse possession: the slightest act of the paper owner sufficient to retain possession

Tierra Trading Ltd v Land Base Ltd ([2017] HKEC 1809) was an adverse dispute between neighbours. The disputed land comprised landings and staircases between the neighbouring buildings. The plaintiffs were the registered owners of the disputed land and they sought an order for possession against their neighbours (the defendants). The defendants claimed to have acquired title by adverse possession. They failed to establish the factual basis of their claim to have been in possession. Further, Deputy Judge Kenneth Kwok SC pointed to the statement by Slade J in Powell v McFarlane that the slightest act done by an owner in possession would negative discontinuance of possession. The plaintiffs had included the disputed land in their calculation of the Gross Floor Area of the development built on their land. This inclusion was a sufficient act to indicate their continued possession.

Michael Lower

Tierra Trading Ltd v Land Base Ltd ([2017] HKEC 1809) was an adverse possession dispute between neighbours. The disputed land comprised landings and staircases between the neighbouring buildings. The plaintiffs were the registered owners of the disputed land and they sought an order for possession against their neighbours (the defendants). The defendants claimed to have acquired title by adverse possession.

They failed to establish the factual basis of their claim to have been in possession. Further, Deputy Judge Kenneth Kwok SC pointed to the statement by Slade J in Powell v McFarlane that the slightest act done by an owner in possession would negative discontinuance of possession. The plaintiffs had included the disputed land in their calculation of the Gross Floor Area of the development built on their land. This inclusion was a sufficient act to indicate their continued possession.

Michael Lower

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