Declaratory relief granted in adverse possession claim overcoming history of prior unsuccessful proceedings

In Cheng Wai Kwong v Chang Lai Yue [2026] HKDC 992, Ching Him Ho successfully obtained declaratory relief for the Plaintiff confirming his possessory title to land in Yuen Long. 

The Plaintiff’s claim was based on over 27 years of continuous adverse possession starting from around 1998, with the Plaintiff tacking onto his late father’s prior exclusive physical control and intention to possess. 

Crucially, the Court’s attention was drawn to a previous legal action brought by a third party in 2013 asserting adverse possession over the same land, which had been dismissed on procedural and evidentiary grounds. In granting judgment for the Plaintiff, the Court needed to be satisfied that the third party had ceased prosecuting those proceedings and that granting declaratory relief to the Plaintiff would not conflict with any prior court orders. 

The full judgment can be viewed here: https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=181859&QS=%2B&TP=JU

See Him’s profile here: https://www.plowmanchambers.com/team/ching-him-ho