The main provisions on adverse possession can be found in the Limitation Ordinance (Cap 347). 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.

On 10 December 2012, the Adverse Possession Sub-committee of the Law Reform Commission released a consultation paper making preliminary proposals for the reform of the law on adverse possession. The preliminary recommendations of the Sub-committee are made against a background of a deeds registration system as opposed to a title registration system of conveyancing in Hong Kong.

The consultation paper discussed that despite the enactment of the Land Titles Ordinance (Cap 585) 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. Hence, title to land is relative and depends ultimately upon possession.

The Sub-committee has considered the case law and has made recommendations on various aspects of the case law. Further, in view of the broader and on-going reviews of the Land Titles Ordinance, the Sub-committee has made recommendations applicable to Hong Kong when a registered title regime is in place.

The sub-committee was established in September 2006 under the chairmanship of Mr Edward Chan, SC, to consider possible reforms to the rule of adverse possession.

The Sub-committee's Secretary is Ms Cathy Wan, Senior Government Counsel.

If you wish further information on this project, please see Publications or write to the Secretary of the Law Reform Commission by fax, post or email.

The Commission's offices are at:

20/F Harcourt House
39 Gloucester Road
Wanchai
Hong Kong

Tel: (852) 2528 0472
Fax: (852) 2865 2902
Email: hklrc@hkreform.gov.hk