The Law Reform Commission’s Adverse Possession Sub-committee today released a consultation paper for the reform of the law on adverse possession.

Adverse Possession Sub-committee Chairman Edward Chan told the media today the preliminary recommendations of the sub-committee are made against a background of a deeds registration system (which is a register of documents), as opposed to a title registration system (which is proof of ownership) of conveyancing in Hong Kong.

The consultation paper discusses that despite the enactment of the Land Titles Ordinance in 2004, the ordinance is not yet implemented. The existing deeds registration system gives no guarantee of title. Even if a person is registered as the owner of a property, there may still be uncertainties or defects in his title to the property. Title to land is relative and depends ultimately upon possession.

Mr Chan said the main provisions on adverse possession can be found in the Limitation Ordinance. Except in the case of government land for which the limitation period is 60 years, no action to recover landed property is allowed after 12 years from the date upon which the right of action accrued. Time starts to run when the owner has been dispossessed of his land and the adverse possessor has taken possession of the land.

Under the proposed scheme, the squatter of registered title land will only have a right to apply for registration after 10 years' uninterrupted adverse possession. The registered owner will be notified of the squatter's application and will be able to object to the application. If the registered owner fails to file an objection within the stipulated time, then the adverse possessor will be registered.

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