Objective Determination, Behavioral Typologies, and Hierarchical Inferences of "Intention to Possess" in Adverse Possession – A Typological Analysis Based on Hong Kong Case Law

Abstract

The requirement for adverse possession necessitates that the possessor simultaneously possesses the property in fact, has the intention to possess, and exhibits an adverse nature. The subjective state of mind represented by "possession intention" cannot be directly observed, and the court can only infer it through objective behavior. Existing research has listed the strength or weakness of behaviors or provided binary conclusions, but there is no particularly clear conclusion on how different combinations of behaviors correspond to different levels of presumption strength, nor on the integration of the influence of time and land type. This article focuses on 16 core cases involving disputes over "intent to possess" in Hong Kong, employing a typological analysis. By overlaying five variables: the nature of the act, physical exclusivity, clarity of declaration, duration of possession, and land type, a three-dimensional framework is constructed, linking "act type-time-land type" with presumption strength. The results indicate that physical boundaries are strongly presumed as watersheds, with duration only playing a moderating role in intermediate disputed behaviors, while the physical structure of land types and social customs influence the threshold for proving exclusivity. This framework provides operational tools for lawyers to anticipate evidence-presenting strategies and for judges to limit their discretionary space and establishes benchmarks for subsequent case verification.