Rural committee chief backs proposed change to 'squatters' law'
Proposal would prevent occupiers from exploiting system and taking possession of property after 12 years without notifying owner
Rural strongman Lam Kam-kwai supports the bid to change the "squatters' rights" law, saying it would stop property occupiers from exploiting the system.
Lam, vice-chairman of the Ta Kwu Ling rural committee, said it would be fair that the occupier of a piece of land should have to inform the owner before there is a any move to transfer the ownership.
The Law Reform Commission - a task force set up to present proposals for reform to make Hong Kong law more effective - published a report yesterday on changing the legal doctrine of adverse possession, also known as squatters' rights.
Under current law, if a property is not used by its owner, and another person has used it for at least 12 years without objection, the user can claim ownership in court.
The commission recommends, however, that squatters would have to notify the owner in the 10th year of any intention to take possession, to give the owner two years' notice to respond.
The revision would change the spirit of the adverse possession system, which has put the onus on owners to be vigilant about their property and its use.