Another Application of Doctrine of Encroachment

In Lee Bing Cheung v Secretary for Justice [2013] HCA 1092/2010, the Plaintiff claimed against the Defendant for declaratory reliefs and damages in respects of the Government Land on the ground of (a) adverse possession, (b) encroachment for the benefit of the Government qua landlord (i.e. doctrine of encroachment), and/or (c) proprietary estoppel.

Doctrine of Encroachment

Encroachment upon land happens where there is a moving of the boundaries of adjoining land so that the owner or occupier of one piece of land deliberately or unknowingly takes some of the adjoining land.

The doctrine of encroachment means that a lessee/tenant is deemed to possess neighbouring land not included in the demise on behalf of the lessor/landlord.