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DCCJ 3848/2020
[2025] HKDC 1067
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CIVIL ACTION NO 3848 OF 2020
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BETWEEN
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TAI MO PIU
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1
st
Plaintiff
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LO YIN PING
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2
nd
Plaintiff
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TAI CHUN MAN
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3
rd
Plaintiff
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and
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LAM KA YEE EMMA
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Defendant
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Before:
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Deputy District Judge Simon Ho in Court
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Dates of Hearing:
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9-11 July 2024 and 17 September 2024
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Date of the Plaintiff’s Further Written Closing Submissions:
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14 October 2024
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Date of the Defendant’s Further Written Closing Submissions:
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15 October 2024
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Date of Judgment:
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15 July 2025
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JUDGMENT
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1.
This is the trial of an action where the Plaintiffs claim for an easement of right of way and related reliefs.
Introduction
2.
The Plaintiffs (“
Ps
”) and the Defendant (“
D
”) are owners of two adjacent pieces of land known as Lot No 3325 and Lot No 3326 in DD 116 respectively, each erected thereon a 3-storey small house. These two plots of land with the corresponding small house erected thereon are hereinafter referred to as “
Lot 3325
” and “
Lot 3326
” respectively.
3.
Lot 3326 is at the direct north of Lot 3325. There is another relevant plot of land, Lot No 3319RP, also with a small house erected thereon (hereinafter referred to as “
Lot 3319RP
”), which is at the west of and separated from Lot 3325 and Lot 3326 by a narrow strip of government footpath (“
the Footpath
”), as shown on a plan under Appendix 2 to the Amended Statement of Claim ("
ASOC
"), which is reproduced in this Judgment as
Annex 1
.
4.
Ps mainly rely on an express grant of right of way under a Deed of Grant dated 6/11/1995 (“
the Deed
of Grant
") to base their claim against D. Initially, Ps also pleaded an alternative claim for easement by prescription. But, during the adjournment of the trial for oral closing submissions, Ps indicated to the Court through their solicitors’ letter dated 16/7/2024 that they would no longer proceed with such claim. This is taken as Ps’ abandonment of this alternative claim.
5.
Essentially, the Deed expressly granted a right of way over a specified portion of Lot 3326 in favour of the owners of Lot 3319RP and the owner(s) for the time being of the Neighbouring Property as so defined in the Deed of Grant (ie Lot 3325), their successors-in-title and assigns, and other relevant persons as related to the latter two plots of land as specified therein, at all times, to go pass repass over along through and upon the said specified portion for the purpose of going to and from Lot 3319RP and Lot 3325, with or without carriages motor or other vehicles (“
RoW
”).
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