Adverse possession and the principle of encroachment: Secretary for Justice v Chau Ka Chik Tso

Abstract

Comments on the Hong Kong Court of Final Appeal decision in Secretary for Justice v Chau Ka Chik Tso on whether a lessor was barred from seeking possession of land adjacent to the demised land on which the lessee had encroached for longer than the limitation period. Notes the facts of the case and explains the common law principle of encroachment. Evaluates the majority approach based on adverse possession and the minority's estoppel analysis. Criticises the majority's reasoning and lack of authority for its conclusions. 'Abstract by Sweet & Maxwell' © 2013 Sweet & Maxwell