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Someone occupying someone else's property

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  1. #1

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    Someone occupying someone else's property

    Hi, long story short. My friend's cousin owns a tiny plot of land with a structure the size of a large garden shed. Enough to store bits and pieces. Anyway, his cousin only recently found out he owns it and has the deed from the land registry with his name etc. proving he is the sole and rightful owner.

    But there are other people who have claimed it as theirs and have filled the shed with their stuff and locked the door. My friend's cousin has placed a notice on the door telling whomever it is to remove their property, giving them 14 days which has now passed. I have told my friend to tell his cousin to break the lock and change it to one of his own and to leave another message with his contact details.

    Does anyone know the legalities of this? Can my friend's cousin break the lock? Can anyone recommend a good solicitor to refer to?

    Thanks.


  2. #2

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    Assuming this is indigenous village land he needs to find a lawyer specialized in village houses. Don't touch anything before consulting a lawyer.

    shri and spode like this.

  3. #3

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    if it is located in a hong kong village, find and speak the village king first. If yes, typically the village king already knows who owns all the land in his patch, and maybe he has rented it out because the owner is absent, and show him a copy of the deed

    shri likes this.

  4. #4

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    ? If it was my property, I would go to the site and ring the police. It's not a dwelling...I bet they can crack the lock on the spot.

    HK law is similar to British law...if it was a dwelling, you'd have problems but...in the UK, I once left my garage vacant for a time...went to park there one evening and someone else had started using it. The police were able to find the guy who argued the toss briefly but I had paperwork to sow it was mine that pre-dated his...(the landlord had double rented it) The policeman told me that if they hadn't been able to contact him it would have been towed out and him billed for the damage.

    To hell with getting a lawyer or searching around for the bloody village chief...call the police!


  5. #5

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    To hell with getting a lawyer or searching around for the bloody village chief...call the police!
    Who will in turn call the village head. They know who "pays the bills".

    Seriously not worth messing around - get the village guy to help, might involve some laisee payments.

  6. #6

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    Quote Originally Posted by SpeakCantonese:
    ? If it was my property, I would go to the site and ring the police. It's not a dwelling...I bet they can crack the lock on the spot.

    HK law is similar to British law...if it was a dwelling, you'd have problems but...in the UK, I once left my garage vacant for a time...went to park there one evening and someone else had started using it. The police were able to find the guy who argued the toss briefly but I had paperwork to sow it was mine that pre-dated his...(the landlord had double rented it) The policeman told me that if they hadn't been able to contact him it would have been towed out and him billed for the damage.

    To hell with getting a lawyer or searching around for the bloody village chief...call the police!
    HK law is not totally similar to British law especially village houses. There has been cases in which "normal" solicitors made mistakes in village house transactions by not checking the rights of the roads leading to and from the property. Did you know that the rooftops of certain village houses belong to the government? Also in HK there is a law that says if someone occupies a property for 20 years without a rental contract and owner not living in the property then the occupier could legally claim the property as his own. Better be well prepared for the battle and consult a lawyer.
    shri and JAherbert like this.

  7. #7

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    The squatters might claim adverse possession of the land. Need to ascertain how long they have been there.

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  8. #8

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    Thanks for all the replies so far. My friend's cousin has searched out the village chief, but he is in the pocket of certain people in said village *winkwink*.

    I'll pass on the info so thanks again. It's not the first problem they've had. There have been other instances of the locals behaving rather childishly, unethically and being sneaky. Is this type behaviour common?


  9. #9

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    At what point did this shed on some land turn into a 'village house'? I know it's Friday...but...


  10. #10

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    Quote Originally Posted by Mart1983:
    Thanks for all the replies so far. My friend's cousin has searched out the village chief, but he is in the pocket of certain people in said village *winkwink*.

    There have been other instances of the locals behaving rather childishly, unethically and being sneaky. Is this type behaviour common?
    You better believe it!

    Pretty typical behaviour, don't expect a straight forward outcome.

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