Adverse possession is part of the laws of limitations. Under the Limitation Ordinance (Cap. 347), a landowner who wishes to take action to recover his/her private land occupied by another party should bring the action within 12 years from the date on which the right of action accrues to him/her. Generally speaking, the right of action starts to accrue when the landowner has discontinued use of the land, and another person has taken possession of the same.
On the other hand, a person taking possession of someone else’s land (hereafter “the possessor”) for 12 years or more may claim adverse possession of the land, which, if granted order by the court, confers on the person a possessory title of the land. The person concerned can approached the Land Registry for registering the relevant court order under the Land Register.
Where a possessor applies to the court for adverse possession or invokes adverse possession as a defence in the face of an application by a landowner to the court for an eviction order, the burden of proof lies in the possessor.
It is the responsibility of landowners to safeguard their rights on their own land. Landowners are advised to manage their land properly, for example, regularly inspecting the land, fencing off the land where feasible, erecting notice boards with suitable warning messages, as appropriate. Where his/her land is discovered to be occupied by another party, the landowner concerned may wish to take timely legal action to protect their rights. The Government cannot and will not intervene in ownership disputes on private land which are private matters between the landowner and the parties involved. On the other hand, if there is evidence showing that a person occupies someone else’s land through illegal acts (such as criminal damage or fraud), such acts may be criminally liable.
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