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Monograph : Interpretation of a Land Search  
 

土地查冊紀錄 例7
Land Search Sample 7

 

土地註冊處 THE LAND REGISTRY

土地登記冊 LAND REGISTER

印製編號 PRINT CONTROL: 7654327

印製於 PRINT AT: CUSTOMER CENTRE

查冊日期及時間 SEARCH DATE AND TIME: 01/08/2005 14:30

查冊者姓名 NAME OF SEARCHER: X

查冊種類 SEARCH TYPE: HISTORICAL AND CURRENT

本登記冊列明有關物業截至 01/08/2005 08:30之資料
THE INFORMATION SET OUT BELOW CONTAINS PARTICULARS OF THE PROPERTY UP TO 08:30 ON 01/08/2005

備存土地紀錄以供市民查閱旨在防止秘密及有欺詐成分的物業轉易,以及提供容易追溯和確定土地財產及不動產業權的方法。土地紀錄內載的資料不得用於與土地紀錄的宗旨無關之目的,使用所提供的資料須符合《個人資料(私隱)條例》的規定。

The land records are kept and made available to members of the public to prevent secret and fraudulent conveyances, and to provide means whereby the titles to real and immovable property may be easily traced and ascertained. The information contained in the land records shall not be used for purposes that are not related to the purposes of the land records. The use of information provided is subject to the provisions in the Personal Data (Privacy) Ordinance.

物業資料
PROPERTY PARTICULARS

**************************************

物業參考編號
PROPERTY REFERENCE NUMBER (PRN): A7890123

地段編號
LOT NO :

KOWLOON INLAND LOT NO.9292

批約 HELD UNDER : CONDITIONS OF REGRANT NO.912
年期 LEASE TERM : 150 YEARS
開始日期COMMENCEMENT OF LEASE TERM: 27/ 3/ 1899
每年地稅RENT PER ANNUM : $150.00

所佔地段份數
SHARE OF THE LOT :

10/160

ADDRESS:

FLAT A ON 10TH FLOOR
HWANG BUILDING
NO.10 CHATHAM ROAD SOUTH
KOWLOON

地址: -

備註
REMARKS : -



業主資料
OWNER PARTICULARS

**************************************

業主姓名
NAME OF OWNER


身分
(如非唯一接有人)
CAPACITY
(IF NOT SOLE OWNER)


註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


註冊日期
DATE OF REGISTRATION


代價
CONSIDERATION


HO FAN TAI

 

-

-

-

-

 

備註 REMARKS : CONDITIONS OF REGRANT NO.912 OF KIL 9292

 

TAI SAU YIN

NANCY LAU

TENANT IN COMMON 1/2
TENANT IN COMMON 1/2

UB2366909

25/ 2/ 1977

15/ 3/ 1977

-

備註 REMARKS : DEED OF GIFT

 
   

UB4460834

-

-

-

 

備註 REMARKS : ASSIGNMENT

 

S COMPANY LIMITED

 

UB4508207

21/ 7/ 1987

2/ 8/ 1987

$1,260,000.00

 

備註 REMARKS : ASSIGNMENT



物業涉及的轇轕
INCUMBRANCES

**************************************

註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


註冊日期
DATE OF REGISTRATION


文書性質
NATURE


受惠各方
IN FAVOUR OF


代價
CONSIDERATION


UB675845

3/ 4/ 1967

6/ 4/ 1967

DEED OF MUTUAL GRANT OF RIGHTS AND RIGHTS OF WAY WITH PLANS

YIP KA MAN

-

 

UB2320005

22/ 10/ 1976

24/ 11/ 1976

DEED OF MUTUAL COVENANT

 

-

 

UB7291878

13/ 5/ 1995

17/ 5/ 1995

LEGAL CHARGE TO SECURE GENERAL BANKING FACILITIES

S H BANK LIMITED

-

     

備註
REMARKS:

FOR CONSIDERATION SEE MEMORIAL

 

UB8134122

23/ 1/ 2000

20/ 2/ 2000

AGREEMENT FOR SALE AND PURCHASE

TAM HING WAH

$2,100,000.00

 

UB8139234

-

-

CANCELLATION AGREEMENT

   
 

UB8193434

1/ 12/ 2004

31/ 12/ 2004

NOTICE UNDER SECTION 145A(2) OF THE CRIMES ORDINANCE (CHAPTER 200)

-

 
     

備註
REMARKS:

BY THE
MAGISTRATE

 

05040502210019

3/ 4/ 2005

5/ 4/ 2005

CLOSURE ORDER UNDER SECTION 153B OF THE CRIMES ORDINANCE (CHAPTER 200)

-

 
     

備註
REMARKS:

BY THE
MAGISTRATE



等待註冊的契約
DEEDS PENDING REGISTRATION

**********************************************

註冊摘要
編號
MEMORIAL NO.


文書日期
DATE OF INSTRUMENT


交付日期
DATE OF DELIVERY


文書性質
NATURE


受惠各方
IN FAVOUR OF


代價
CONSIDERATION


──────無 NIL ──────

──────登記冊末端 END OF REGISTER──────


Land Search Sample 7 - residential property subject to closure order under the Crimes Ordinance (Cap.200)

a.

Deed of gift memorial number UB2366909

The flat was assigned to the two previous owners, Tai Sau Yin and Nancy Lau, by way of deed of gift. A deed of gift is a document of title which effects the transfer of the legal ownership in a property from the donor by way of gift to the donee. Stamp duty is payable on a deed of gift at the full market value as at the date of the instrument. Where the donor passes away within three years of making the gift, the property may form part of the estate and be subject to estate duty. Please also see Land Search Sample 3, paragraph (f).

   
b.

S Company Limited as current legal owner

It should be noted that, in law, a company duly incorporated (and usually with limited liability) is a legal entity capable of entering into contracts and owning property in its own name. (In Hong Kong, most companies are incorporated under the Companies Ordinance (Cap.32).)

By contrast, a partnership is not a separate legal entity from its partners. Therefore, partnership property is usually held in the name of individual partners.

Persons executing documents in a sale and purchase of property transaction on behalf of a limited company should have been duly authorised by the board of directors of the company. The memorandum and articles of association of the company must be reviewed to determine if the person purporting to have authority to execute documents for the company does in fact have such authority. Further, it is always advisable to obtain a record of the board resolution granting the person authority to execute documents on behalf of the company.

As the law in this area is complicated, legal advice should be sought in case of doubt.

   
c.

Deed of mutual grant of rights and rights of way memorial number UB675845

This is usually a document whereby the owners of two neighbouring lots grant each other certain rights and easements over the land owned by them. These rights and obligations may include allowing both owners to use each other's land as a right of way. Since a deed of mutual grant of rights normally contains both benefits and burdens to the land concerned, purchasers are advised to ascertain the content of the deed.

   
d.

Agreement memorial number UB8134122 and cancellation agreement memorial number UB8139234

Agreement memorial number UB8134122 indicates that Tam Hing Wah agreed to purchase the property for $2,100,000. However, cancellation agreement memorial number UB8139234 indicates that both vendor and purchaser subsequently agreed to cancel the aforementioned agreement and the sale and purchase in question was not completed.

   
e.

Notice memorial number UB8193434

A notice under Section 145A(2) of the Crimes Ordinance (Cap.200) was issued by a magistrate to the Land Registrar regarding the property. Under this section, the court has to notify the Land Registrar that a person has been acquitted or convicted of an offence under Section 139, 143, 144 or 145 of the Crimes Ordinance in relation to the use of property for illegal or immoral purposes.

   
f.

Closure order memorial number 05040502210019

This order most likely relates to the above notice memorial number UB8193434. Where a person is convicted of an offence under Section 139, 143, 144 or 145 of the Crimes Ordinance, the court has the power to make a closure order on the property affected under S153B of the Crimes Ordinance. Section 153B provides that any property subject to a closure order will be closed for six months, and that it will be an offence for anyone to enter the property or to interfere with anything used to close the property without lawful authority or reasonable excuse.

If the closure order is still in force, inspection of the property will not be possible, and the vendor will not be able to deliver possession of the property to the purchaser if completion falls within the closure period. Estate agents handling property subject to such an order should ensure that there will be no contravention of the said section.

   
 

 

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