Regarding the haunted house in Ping Che Village, which was emptied for many years, it was suspected that the house was demolished privately to open the way. "Hong Kong 01" asked the barrister for relevant legal issues. Barrister Lu Weixiong said that in fact, there are many abandoned houses in the New Territories As the owner of the private land has emigrated long ago, there is no one to take care of it. It is not ruled out that someone will take the opportunity to occupy the land.
Even if there is evidence that someone has seized private land, it is only a private land dispute, and the government will generally not deal with such disputes over ownership.
Lu Weixiong pointed out that if the owner finds out, he can apply to the Land Tribunal to take back the land. After the land is taken over, the land can be sealed off to ensure that no one will occupy it again; : "Nothing can be done."
Graphic illustration of the murderous house in the Ping Che murder case where the house was demolished to clear the way.
(Map drawn by Hong Kong 01)
Lu Weixiong took the haunted house site in Pingche Village as an example. Since no one inherits the land and no one "recognizes the head", the land can already be regarded as abandoned land.
If there is really no heir to deal with the issue of hegemony, the occupier can even apply for adverse occupation after occupying the land for more than 12 years.
Adverse misappropriation must meet several conditions
Lu Weixiong explained that the time required for adverse occupation of private land is more than 12 years, and it takes more than 60 years for government land occupation. However, this is only the basic threshold for applying for adverse occupation
.
Occupy land.
In short, during the period of land occupation, if the occupier has received a letter from the owner's lawyer, or the owner has proposed to take back the land, it has already been interfered with. will accept.
In addition, the occupier must actually possess the land and do certain things on the occupied land, including enclosing the land with hoardings, installing door locks, applying to the Water Supplies Department for water pipes, connecting electricity, farming, and even building houses, etc. , which makes the difference between post-occupation and pre-occupation. Taking Pingche Village as an example, the occupant has already paid for paving a road.
Lu Weixiong said that in theory, the government has the right to take back abandoned and uninherited private land, but in practice it will not exercise this power rashly.
Lu Weixiong gave an example to explain that if the government takes back the private land that has been abandoned for many years, if the descendants of the owner return to Hong Kong from a foreign country to inherit the assets, they will ask the government to take back the land, which will lead to more lawsuits and disputes. Therefore, he described: "100 There will be no single order (recovery of private land).”
Lu Weixiong explained that the government usually invokes the "Land Resumption Ordinance" in Chapter 124 to resume private land for public purposes and development, such as the development of the New Territories.
He pointed out that the government will only follow up if there is evidence that the location of the haunted house is within the area planned by the government for development. Simply put, nothing can be done."
Asked whether the demolition of houses to pave roads involves criminal damage?
Lu Weixiong pointed out that the original house on the land involved was demolished for no reason, which is of course criminal damage from a legal point of view, but Lu Weixiong said that there is currently no actual owner, that is, no homeowner or landlord who has come forward to investigate, call the police and testify. Law enforcement agencies may not Will take the initiative to follow up, "Even if there is a crime, it will just let it go."
Lu explained that even if the police wanted to prosecute in the future, they would eventually have to find the homeowner or landlord to testify in court.
Hong Kong 01 compared the aerial photos over the years, and found that about 1,000 square feet of the murderous house in the Ping Che murder case was suspected to be demolished, and the land was occupied to pave the road.
(Map drawn by Hong Kong 01)
Occupy the haunted house｜Comparing the aerial maps over the years to reveal the murder case of Pingche, the 1,000-foot iron house was demolished and occupied the haunted house｜The murderous house was empty for 13 years and became a hot spot. Interrogation for disrespecting the dead for occupying the haunted house｜Private land tyrants can sue for adverse infringement after 12 years Barrister: There is nothing you can do