Land Matters

Contact Info

  • Room 1602, 16/F., South China Building, No.1 Wyndham Street, Central Hong Kong
  • Tel: 2868 2919
  • Fax: 2868 2797
  • htw@hotsewai.com.hk

General Sale and Purchase of Property

We represent clients in general conveyancing, sale and purchase of property. We are experienced in preparing all kinds of documents and handling the title-checking process for clients in conveyancing transactions.

Services we provide:

  • Handling transactions of purchasing or selling commercial, industrial and residential properties;
  • Property title transfer and transfer of interest of the land;
  • Preparing documentation for Bank Mortgage loans and other financial arrangements;
  • Trusts, nominations, powers of attorney.

Please contact our Mr. Fred Ho, Mr. Jonathan Man or Ms. Janet Pang for advice.


Adverse possession

We represent claimants in various kinds of disputes over land properties including adverse possession claim in relation to land in the New Territories and in the urban areas of Hong Kong.

Services we provide in regards to adverse possession:

  • Advising on merits of adverse possession
  • Bringing claims on adverse possession
  • Defending claims by on the ground of adverse possession
  • Obtaining expert reports from surveyor

Please contact our Mr. John Clancey or Mr. Baldwin Ho for advice.

What to do if you have a claim for adverse possession?

An adverse possession claim allows one to claim possessory title by possessing the land and dispossessing the paper owner for consecutively 12 years of time. Time starts to run when the owner has been dispossessed of his land and the adverse possessor has taken possession of the land with the intention to exclusively possess the land. That is to say, the adverse possessor has, for example, fenced off or taken the key of the property and excluded the owner from using the land.

You should do a land search at the Land Registry to confirm the ownership particulars of the Lot of land. You should also keep records of the usage and take photos (with date/time stamp) of the land and your house (or other establishments) on that land to show that you have used the land for at least 12 years and that you have excluded others, including the paper owner, from using the land. Please also keep a record of utility bills, or communication with the paper owner and mark the timeline of the land usage.

If you and your family are under threat or harassment from the paper owner or its agents, such as verbal or physical abuse, or blocking the passageway to your home, please report to the police and document the details of the threat or harassment. If the situation is serious, you may have a right to apply to the court for an injunction to stop the harassment.

If you think you have a strong claim for adverse possession, you should not accept any offer from the paper owner of the land to pay rent until you have sought legal advice.


Tenancy and Building Management

We give advice in relation to the issues of tenancy, building management and matters under the Building Management Ordinance (Cap. 334).

Services we provide in tenancy and building management:

  • Preparation of documents and agreements in relation to tenancies and licences
  • Advising individual owners and Incorporated Owners / Management Manager on building management matters and deed of mutual covenants
  • Resolving disputes on maintenance or renovations of buildings
  • Nuisance 
  • Advising on bank mortgages
  • Drafting and advising on commercial leasing and residential tenancy agreements
  • Collection of rent, forfeiture of deposit, breach of tenancy agreement and covenants, termination, mesne profits, renewal of tenancy agreement;
  • Representing landlords/tenants at the Lands Tribunal and District Court;
  • recovery of the possession, rentals, enforcement of judgments
  • Advising on restrictive covenants, easement, right of way and illegal structures


Compulsory Sale

We give advice with regards to the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545). Under that Ordinance, persons or companies that owns 80% (or in some cases, 90%) of the undivided shares in a Lot may make an application to the Lands Tribunal to seek an order for the compulsory sale of the Lot for redevelopment. Compulsory Sale Applications are usually made by property developers.

Services we provide in compulsory sale:

  • Advising on compulsory sale and representing clients to lodge and oppose to the application at the Lands Tribunal;
  • Representing landlords/tenants at the Lands Tribunal and District Court.

Please contact our Mr. Jonathan Man, Ms. Janet Pang or Dr. Kwok Hei Yau for advice.

What to do if you are under pressure for a Compulsory Sale of Land for Redevelopment?

For an Application to succeed, the Lands Tribunal must be satisfied that the age or state of repair of the building, including its physical lifespan, justifies the redevelopment of the Lot and that the majority owners have taken reasonable steps to acquire all undivided shares in the Lot.  If the Tribunal is minded to grant an order for compulsory sale, the Lot would typically be sold by way of a public auction, unless all of the minority and majority owners agree in writing to sell the Lot in another manner, the agreement of which is subject to the approval of the Tribunal.

If you are a Respondent facing such an Application, legal advice will assist you in protecting your rights, defending against the Application for Compulsory Sale and/or obtaining reasonable compensation for the deprivation of your property.

In such cases, if you are minded to sell your property to the Applicant(s), you should still consider obtaining a valuation report from an independent professional , which solicitors could assist you on. You and your legal team will then have a fuller picture as to the value of the property and the scope of a reasonable settlement amount.
Do not accept any offers for settlement or sale until you seek proper independent legal advice. It is not illegal to reject or ignore offers made by the majority owners to purchase your property.