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Monograph : Interpretation of a Land Search  
 

Land Search Sample 9

 

土地註冊處 THE LAND REGISTRY

土地登記冊 LAND REGISTER

印製編號 PRINT CONTROL: 7654329

印製於 PRINT AT: CUSTOMER CENTRE

查冊日期及時間 SEARCH DATE AND TIME: 01/09/2005 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 01/09/2005 08:30之資料
THE INFORMATION SET OUT BELOW CONTAINS PARTICULARS OF THE PROPERTY UP TO 08:30 ON 01/09/2005

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): A9012345

地段編號
LOT NO :

TSUEN WAN TOWN
LOT NO.345

批約
HELD UNDER : NEW GRANT NO.678
年期
LEASE TERM : FROM 14/ 09/ 1987 TO
30/ 06/ 2047
開始日期
COMMENCEMENT OF LEASE TERM: 14/ 9/ 1987
每年地租
RENT PER ANNUM : -

所佔地段份數
SHARE OF THE LOT :

472/754000

ADDRESS:

SHOP UNIT A ON 3/F
FANTASTIC PLAZA
TSUEN WAN
NEW TERRITORIES

地址: -

備註
REMARKS :

THE RENT IS $1000 P.A. UNTIL 30/ 6/ 1997 AND THEREAFTER 3% OF THE RATEABLE VALUE OF THE LOT



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


FANTASTIC LIMITED

EASY COMPANY LIMITED

TENANT IN COMMON 1/2

TENANT IN COMMON 1/2

-

-

-

-

備註 REMARKS : NEW GRANT NO.678 OF TWTL345

 

NG SIMON

LEUNG ANGELA

JOINT TENANT
JOINT TENANT

TW866776

12/ 1/ 1993

11/ 2/ 1993

$1,280,000.00

備註 REMARKS : WITH PLAN



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


TW504268

1/ 7/ 1988

4/ 7/ 1988

BUILDING MORTGAGE RE TWTL345

PRIME RATE BANK LIMITED

-

     

備註
REMARKS:

THE CONSIDERATION
IS A LOAN
FACILITY IN THE
AGGREGATE
AMOUNT OF UP TO $215,000,000

 

TW636739

10/ 3/ 1990

13/ 3/ 1990

RECEIPT ON DISCHARGE

 

-

 

TW572002

4/ 5/ 1989

4/ 5/ 1989

STATUTORY DECLARATION BY ANDY LAW SOLICITOR

 

-

 

TW636740

9/ 3/ 1990

13/ 3/ 1990

OCCUPATION PERMIT NO.NI 30/ 90

 

-

 

TW652707

12/ 4/ 1990

4/ 5/ 1990

DEED OF MUTUAL COVENANT AND MANAGEMENT AGREEMENT WITH PLAN

 

-

 

TW831663

23/ 6/ 1992

13/ 7/ 1992

AGREEMENT FOR SALE AND PURCHASE WITH PLAN

ABC LIMITED

$980,000.00

 

TW844067

24/ 8/ 1992

14/ 9/ 1992

AGREEMENT FOR SUB-SALE AND PURCHASE WITH PLAN

NG SIMON
LEUNG ANGELA
(JOINT TENANTS)

$1,280,000.00

 

TW866777

12/ 1/ 1993

11/ 2/ 1993

MORTGAGE

RICH BANK LIMITED

 
     

備註
REMARKS:

THE CONSIDERATION IS ALL MONIES

 

TW1759898

22/ 3/ 2002

2/ 4/ 2002

TRANSFER OF MORTGAGE

BIG BANK LIMITED

 
 

TW1768453

28/ 5/ 2004

2/ 6/ 2004

MEMORANDUM OF CHARGE BY ABC MANAGEMENT LTD

   



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


支付日期
DATE OF DELIVERY


文書性質
NATURE


受惠各方
IN FAVOUR OF


代價
CONSIDERATION


05082200810012

28/ 7/ 2005

22/ 8/ 2005

COPY PROVISIONAL AGREEMENT FOR SALE AND PURCHASE

TONG LAI CHI

$1,380,000.00

********************* 登記冊末端END OF REGISTER ********************


Land Search Sample 9 - shop unit subject to memorandum of charge

a.

Agreement memorial number TW831663 and agreement for sub-sale memorial number TW844067

The purchaser under agreement memorial number TW831663 is ABC Limited. Shortly after it agreed to purchase the property, ABC Limited sub-sold the same to the present owners Ng Simon and Leung Angela as confirmor by agreement for sub-sale and purchase memorial number TW844067. To protect his interests when purchasing property from a confirmor*, a purchaser (from a confirmor) should verify at least the following: (i) there is a valid agreement for sale and purchase of the property between the confirmor and the head vendor (that is, the owner of the property); (ii) there is no prohibition against sub-sale in the agreement between the head vendor and the confirmor; and (iii) the balance of the purchase price still payable by the purchaser to the confirmor is sufficient to cover the balance of the purchase price still owing by the confirmor to the head vendor.

*Note – a person sells as confirmor if he sells property (which he has agreed to purchase under an agreement for sale and purchase with the owner) before completing the purchase of the property to a sub-purchaser.

   
b.

Mortgage memorial number TW866777 and transfer of mortgage memorial number TW1759898

It is quite common nowadays for banks to transfer their rights, interests, benefits and entitlements under a mortgage or legal charge to another financier, for example, The Hong Kong Mortgage Corporation Limited. The transfer of mortgage is the instrument that effects this transfer. Both the original mortgage (in this case, memorial number TW866777) and the transfer of mortgage (TW1759898) have to be discharged on or before completion of the sale and purchase.

   
c.

Memorandum of charge memorial number TW1768453

This instrument was made by ABC Management Ltd, the content of which is not apparent from the land register, but since it is in the nature of a charge and made by a management company, it is probably a charge of unpaid management fees. A purchaser should ensure that this memorandum is discharged on or before completion of the sale and purchase. Provisions should be made in the provisional agreement for sale and purchase to provide for the discharge of this memorandum on or before completion to protect the interests of the purchaser. If necessary, a sufficient sum should be stakeheld (usually by the vendor's solicitors) from the sales proceeds pending the discharge.

   
d.

Pending registration provisional agreement memorial number 05082200810012

This provisional agreement appears under the "Deeds Pending Registration" section at the very end of the land register. Before any document is registered against a property, it must be approved for registration by the Land Registry. The date on which a document is presented for registration is recorded under the "Deeds Pending Registration" section of the land register. If and when the provisional agreement is approved for registration, the same will be registered under the "Incumbrances" section.

Under the Land Registration Ordinance, the said provisional agreement would take priority as from the day of its execution if the same was presented and accepted for registration within one month from the date it was entered into. If stamp duty has already been paid on the provisional agreement, stamp duty of $100 each will be payable on the formal agreement for sale and purchase and assignment respectively. Under the Stamp Duty Ordinance, if a formal agreement for sale and purchase is entered into within 14 days after signing a provisional agreement for sale and purchase, stamp duty is payable on the formal agreement for sale and purchase within 30 days from the date of the formal agreement for sale and purchase.

The provisional agreement for sale and purchase in question was made in favour of Tong Lai Chi as purchaser. If another prospective purchaser is negotiating with the owner(s) (Ng Simon and Leung Angela) in respect of the sale and purchaser of the property, the prospective purchaser should enquire from the owner(s) whether there is any cancellation agreement for the provisional agreement for sale and purchase. In particular it should be ascertained whether the owner(s) has/have breached the provisional agreement or whether there is any claim from Tong Lai Chi for specific performance or any other outstanding claim on the property. Since the legal issues regarding an unperformed agreement are complicated, an estate agent should advise his clients to obtain legal advice before entering into any provisional agreement for sale and purchase.

   
 
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