B. Trespass in multi-storey buildings
In a multi-storey building in Hong Kong, individual unit owners hold the underlying land and building as tenants in common in undivided shares. Generally speaking, pursuant to the Deed of Mutual Covenant (DMC), each owner is entitled to the exclusive occupation and control of his own unit, while sharing ownership and responsibility for the “common parts” of the building, such as staircases, lifts, and external walls, with all other owners. This dual structure of shared ownership of the whole coupled with exclusive occupation of parts is central to understanding how trespass operates in such buildings.
When trespass issues arise
In the context of multi‑storey buildings, trespass issues most often arise in relation to:
- unauthorised entry into a private flat; or
unauthorised use or occupation of common parts.
