Koh Ah Kin v Yat Yuen Hong Co Limited: Adverse Possession Claim on Strip of Land

In Koh Ah Kin v Yat Yuen Hong Co Limited, the High Court of Singapore heard the plaintiff's claim for ownership of a strip of land through adverse possession, which the defendant disputed. The court, presided over by Justice Lee Seiu Kin, rejected the plaintiff's claim, finding insufficient evidence of possession for the requisite period. The court allowed the defendant's counterclaim, ordering the plaintiff to remove the fences and walls surrounding the strip of land.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's claim rejected; Defendant's counterclaim allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff's claim of adverse possession of a strip of land was rejected. The court allowed the defendant's counterclaim for removal of fences and walls.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Koh Ah KinPlaintiffIndividualClaim DismissedLost
Yat Yuen Hong Company LimitedDefendantCorporationCounterclaim AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Yap Peck Choon PatrickBR Law Corporation
Callie Kwong Yan LiBR Law Corporation
Tan Ruo YuDavinder Singh Chambers LLC
Davinder Singh s/o Amar SinghDavinder Singh Chambers LLC

4. Facts

  1. The plaintiff purchased the property at 115 University Road in June 1979.
  2. The plaintiff has been the registered proprietor of the property since December 11, 1979.
  3. The property is located beside a strip of land belonging to the defendant.
  4. The plaintiff claimed adverse possession of the strip of land since 1979.
  5. The defendant disputed the claim and sought removal of fences and walls.
  6. The plaintiff alleged construction works on the strip of land around early 1980.
  7. The plaintiff claimed to have planted rambutan trees with roots extending into the strip of land.

5. Formal Citations

  1. Koh Ah Kin v Yat Yuen Hong Co Limited, Originating Summons No 159 of 2020, [2020] SGHC 252

6. Timeline

DateEvent
Plaintiff purchased the property at 115 University Road Singapore 291911
Plaintiff became the registered proprietor of the Property
Plaintiff allegedly carried out works to the Strip of Land
Land Titles Act 1993 abolished acquisition of title by adverse possession
Effective date for abolishment of acquisition of title by adverse possession
Affidavit of Koh Ah Kin filed
Quah Kee Soo’s affidavit dated
Mr Goh produced report
Affidavit of Koh Ah Kin filed
Yap Chung Hoe Derek’s affidavit filed
Mr Goh produced second report
Judgment reserved
Judgment issued

7. Legal Issues

  1. Adverse Possession
    • Outcome: The court held that the plaintiff failed to prove adverse possession for the required period.
    • Category: Substantive
    • Sub-Issues:
      • Factual Possession
      • Intention to Possess
      • Continuous Possession
    • Related Cases:
      • [1996] 2 SLR(R) 7
      • [2019] 1 SLR 1185
      • (1977) 38 P&CR 452
      • [2002] UKHL 30

8. Remedies Sought

  1. Declaration of Ownership
  2. Order for Removal of Encroachments

9. Cause of Actions

  • Adverse Possession
  • Trespass

10. Practice Areas

  • Real Estate Law
  • Property Law
  • Land Disputes

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Balwant Singh v Double L & T Pte LtdCourt of AppealYes[1996] 2 SLR(R) 7SingaporeCited to explain the effect of the Land Titles Act 1993 and the Limitation Act on adverse possession claims.
Ahmad Kasim bin Adam (suing as an administrator of the estate of Adam bin Haji Anwar and in his own personal capacity) v Moona Esmail Tamby Merican s/o Mohamed Ganse and othersHigh CourtYes[2019] 1 SLR 1185SingaporeCited for the elements required to prove adverse possession: factual possession and intention to possess.
Powell v McFarlaneChancery DivisionYes(1977) 38 P&CR 452England and WalesCited for the elements required to prove adverse possession: factual possession and intention to possess.
Re Lot 114-69 Mukim 22, SingaporeHigh CourtYes[2001] 1SLR(R) 811SingaporeCited to support the point that adverse possession must have occurred for at least 12 continuous years, but which can be constituted of separate, continuous, periods by differing individuals
JA Pye (Oxford) Ltd and another v Graham and anotherHouse of LordsYes[2002] UKHL 30United KingdomCited for the elements necessary for legal possession: factual possession and intention to possess.
City Developments Ltd v Estate of Syed Allowee bin Ally Aljunied, deceasedHigh CourtYes[2009] 2 SLR(R) 223SingaporeCited to support the point that the burden of proof remains on the party that is claiming adverse possession
Tan Ah Suan v Ng Aik Kern and othersHigh CourtYes[2002] 2 SLR(R) 1135SingaporeCited to support the point that the burden of proof remains on the party that is claiming adverse possession
Wong Shing Chai Jimmy v Good Allied Investment LtdUnknownYes[2017] HKCU 3137Hong KongCited for the proposition that the evidence of exclusive possession and intention must be compelling.
Wong Wai Chi Susanna v Lam Lai ChunUnknownYes[2020] HKCU 693Hong KongCited for the broad principles concerning adverse possession.
Tsang Foo Keung v Chu Jim Mi JimmyUnknownYes[2017] 3 HKC 527Hong KongCited for the proposition that the evidence of exclusive possession and intention must be compelling.
Lee Martin v Wama bte BuangHigh CourtYes[1994] 2 SLR(R) 467SingaporeCited for the principle that the alleged possessor must have been dealing with the land in question as an occupying owner might have been expected to.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Titles Act 1993Singapore
Limitation Act (Cap 163, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adverse Possession
  • Factual Possession
  • Animus Possidendi
  • Strip of Land
  • Inner Fence
  • Outer Fence
  • New Fence
  • Rambutan Trees
  • Land Titles Act
  • Limitation Act

15.2 Keywords

  • Adverse Possession
  • Land Dispute
  • Property Rights
  • Singapore Law
  • Real Estate Litigation

17. Areas of Law

Area NameRelevance Score
Adverse Possession95
Property Law90
Land Law90
Intention to Possess80
Factual Possession80
Animus Possidendi70
Civil Procedure40
Contract Law20
Judgments and Orders10
Estoppel10
Costs10

16. Subjects

  • Property Law
  • Land Law
  • Real Estate