In Lin Loi Hing v PRs of Lin Lok Shi ([2024] HKCFI 3056) Hon Tam J. had to consider whether one tenant in common had ousted the other and defeated the ousted co-owner’s title through adverse possession.
Lin Lok Shi (‘the deceased’) was the grandmother of Lin Loi Hing (‘the surviving co-owner’).
They were tenants in common in equal shares of a property in Sai Kung.
The deceased died in 1974 and no grant of probate or letters of administration was ever obtained in relation to her estate.
The surviving co-owner took possession of the property after the deceased’s death.
He built a new house on the land in 1980 and it was occupied by relatives of the surviving co-owner as his licensees.
The court was satisfied that the surviving co-owner had been in possession of the land since 1980 through his licensees.
There had been a sufficient ouster to establish the surviving co-owner’s adverse possession against the deceased.
The court granted declarations that the deceased’s title was extinguished and that the surviving co-owner had possessory title to the deceased’s half share.
Michael Lower