The Need for Boundary Adjustments in the Proposed Hong Kong Title Registration Bill

Abstract

The proposed Hong Kong Land Title Registration system does not include provisions for the variation in boundary location or remedying any discrepancies in the boundary locations of a land parcel. The practicalities of land administration require some means of boundary adjustment (or repair) in any land system, including registered title. This is so notwithstanding that there appears to be an inherent contradiction in allowing one of the possible mechanisms (part parcel adverse possession) in a registered title system. This paper argues that a modern LIS (including the proposed Hong Kong registered land system) should include such a mechanism. It is even suggested that failure to provide for boundary repair merely postpones the inevitable adoption of such provisions. Of the possible mechanisms it is concluded that an alternative to adverse possession, statutory encroachment, is preferable to part parcel adverse possession. A further suggestion is that provisions for statutory encroachment be included within the proposed HK Title Registration Bill with the proviso that the provision be repealed if left unused.