Rights of Way and Long User: The English Restriction and the Irish Rule

Abstract

Is it possible in Hong Kong to acquire a right of way by long, open and uninterrupted usage? One might have expected this question, fundamental and of practical importance, to have been settled authoritatively. The answer has instead divided Hong Kong's judges. Although the weight of recent opinion seems to be in favour of allowing such a right, the basis of doing so is not at all clear. It will be the gravamen of this article that the courts should no longer entertain any doubts upon the matter. Acquisition of such rights by usage is possible. The basis for recognition of such rights will be suggested and is, perhaps surprisingly, straightforward, but it is not the basis that has sometimes been suggested.