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 to consider possible reforms to the rule of adverse possession. The members of the Adverse Possession Sub-committee are:
| Mr Edward Chan, SC, JP, Barrister (Chairman) |
| Dr Patrick Hase, Historian |
| Professor Leung Shou-chun, Surveyor |
| Mr Louis Loong, Secretary General, Real Estate Developers Association |
| Professor Michael Wilkinson, Faculty of Law, University of Hong Kong |
| Mr David P H Wong, Solicitor, Wong, Hui & Co |
| Mr Michael Yin, Barrister |
| Ms Yip Po Lin, Polly, Assistant Director/Legal, Lands Department |
The Sub-committee's Secretary is Ms Cathy Wan, Senior Government Counsel.