Problem Question:

Subject: Land law

Oliver owned a plot of land near Tai Po. He bought it intending to build a house on it when he returned to Hong Kong. Sally's house was next to Oliver's land. In January 2008, Sally began to use Oliver's land to grow vegetables. In January 2010, she fenced the land in so that the only way to get to it was through her house. Sally died in October 2017 and her nephew, Norman, inherited the house from her. He lived in the house and continued to use the garden as Sally had done.

In November 2019, Oliver returned to Hong Kong. He confronted Norman and told him that if he did not agree to buy Oliver's land at a fair price he would have to leave it immediately. Norman and Oliver have had some negotiations but they have yet to agree on the terms of any possible sale to Norman.

1. Advise Oliver as to whether he can do anything to recover possession from Norman.
2. What effect would an admission by Norman that he would have been prepared to pay a licence fee if Oliver had asked him for one have on Norman's adverse possession claim?
3. Oliver's title is subject to a restrictive covenant prohibiting the land from being for anything other than for residential purposes. Norman would like to build a small restaurant on it. Does he need to observe the restrictive covenant?

Jurisdiction : HK/UK