{"id":611,"date":"2021-06-25T18:36:19","date_gmt":"2021-06-25T10:36:19","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=611"},"modified":"2021-06-29T12:24:20","modified_gmt":"2021-06-29T04:24:20","slug":"trespass-to-land","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/daily-lives-legal-issues\/disputes-with-neighbours\/trespass-to-land\/","title":{"rendered":"Trespass to land"},"content":{"rendered":"
[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
One common neighbourhood dispute in villages in the New Territories involves boundaries.<\/p>\n
Land boundaries in the New Territories are sometimes unclear. Your neighbour may encroach on your land without knowing that the land belongs to you. Sometimes your neighbour may intentionally place his boundary fence on your land to \u201csteal\u201d your land. In this situation, you may sue your neighbour for trespass to land.<\/p>\n
Trespass to land is committed when the defendant, without permission, intentionally enters, remains on, or directly causes any physical matter to come into contact with land in the actual possession of the plaintiff.<\/p>\n
Examples of trespass to land are:<\/p>\n
If the defendant intends to enter the land on which he trespassed, it is no defence that he mistakenly thought that it was his own land or that he had authority to be there\u00a0.<\/strong><\/p>\n Trespass to land is actionable by the person who is in possession of the land.<\/p>\n If land is in the possession of a tenant, the tenant is the proper plaintiff to sue for trespass to land. The landlord has no right to sue for trespass.<\/p>\n As with nuisance, family members of the owner of the land have no right to sue for trespass to land unless they have sufficient control over the land. For example, a deserted wife who is in exclusive occupation of the home has the right to bring action against trespassers, even if she is not the owner or tenant of her home.<\/p>\n If the trespass has caused the plaintiff actual damage, such as physical injury to the land causing a diminution in the value of the land, he is entitled to receive an amount sufficient to compensate him for his loss. If the defendant has made use of the plaintiff’s land, the plaintiff is entitled to receive by way of damages a sum that should reasonably be paid for that use.<\/p>\n The court may grant an injunction to prevent the continuance or threatened repetition of a trespass or threatened acts of trespass.<\/p>\n In the case of a trespasser who has possession of the plaintiff’s land, the plaintiff can institute an action in the court for ejectment, which is recovery of possession of the land.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] IX. Trespass to land [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] One common neighbourhood dispute in villages in the New Territories involves boundaries. Land boundaries in the New Territories are sometimes unclear. Your neighbour may […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[26,37,29],"tags":[],"class_list":["post-611","post","type-post","status-publish","format-standard","hentry","category-daily-lives-legal-issues","category-disputes-with-neighbours","category-topics"],"yoast_head":"\nB. Who can sue?<\/h2>\n
C. Remedies<\/h2>\n
1. Damages<\/h3>\n
2. Injunctions<\/h3>\n
3. Recovery of possession<\/h3>\n