The comments from the Hong Kong Institute of Surveyors (HKIS) on
the Consultation Paper on Adverse Possession, released by the Law
Reform Commission, are summarised as follows:
HKIS has no objection to retaining the law of adverse
possession as it offers protection against stale claims and avoids
hardship when a squatter has incurred improvement expenditure due
to mistake of ownership/boundary.
HKIS strongly urges the enactment of legislation to ensure that
land boundaries can be determined with certainty. This would
protect the rights and interests of property owners, and support
the Government in good land management.
HKIS queries whether the existing provisions on adverse
possession offer a practical solution to boundary problems. HKIS is
of the opinion that the key to resolving boundary problems is by
providing legal backing through legislation on land boundaries
HKIS supports the recommendation that the law of adverse
possession should be recast under the prospective registered land
system. HKIS urges the Government to implement the land title
HKIS agrees with the recommendation that squatters should be
required to register an adverse possession application before being
able to acquire absolute title to the land. The registered owner
would be notified of the said application and would be able to
HKIS supports the proposal to implement a 10-year uninterrupted
adverse possession period plus the 2-years' notice requirement.
HKIS commented that the notice should be accompanied by an accurate
plan with sufficient information to inform the registered owner
about the extent of the adverse possession.
HKIS considers that a 60-years' adverse possession claim
against Government land warrants further consideration as it would
adversely affect land development.
HKIS fully agrees that the Government should step up its
efforts to address the boundary problem in the New Territories.
HKIS considers that the resurvey of the boundaries would resolve
most of the problems.
Press release, The Hong Kong Institute of Surveyors, The Hong
Kong Institute of Surveyors Comments to Consultation Paper on
Adverse Possession, 19 March 2013
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The process for obtaining planning permission for development of property in the Cayman Islands has been updated as a result of the latest revision of the Development and Planning Law and accompanying regulations (July 2015).
In principle, when the parties agree to arbitrate, they shall be
bound by that agreement. It should therefore follow that when a
party initiates arbitration proceedings, the other party - the
respondent – will avail itself of the opportunity to present
its case and participate in the proceedings.
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