| Monograph : Conveyancing |
Contents |
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| (8) Land
Registration |
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| 1. |
System of registration
Land registration in Hong Kong is currently
a system of registration of instruments, that
is, the Land Registry simply keeps a record of
the instruments which affect land. Registration
of instruments is not evidence of the vendor's
title and neither the Land Registry nor any government
authorities can and will guarantee that the title
to a certain piece of land is good. In reality,
the obligation to prove whether title to a particular
piece of land is good or not rests with the vendor
of that piece of land. |
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| 2. |
Registrable instruments
S.2 of the Land Registration Ordinance provides
in essence that the following instruments are
registrable, namely, all deeds, conveyances and
other instruments in writing and judgments by
which any land (immovable property) in Hong Kong
may be affected. |
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| 3. |
Mechanics of registration
An instrument submitted for registration at
the Land Registry will be accompanied by a duly
completed and signed memorial which is a summary
of the particulars of the instrument. On completion
of the registration process, a memorial number
will be designated to the instrument for identification
purposes and for differentiating it from other
instruments. The original of the instrument will
usually be returned to the solicitors who submitted
it for registration.
A land search record is divided into four parts,
namely, Property Particulars, Owner's Particulars,
Incumbrances and Deeds Pending Registration, as
shown in the following sample land search record:
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物業資料
Property
Particulars
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| 物業參考編號
PROPERTY REFERENCE NUMBER
(PRN): A1234567 |
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地段編號
LOT NO.: Inland Lot No. 1234
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批約 HELD UNDER:
GOVERNMENT LEASE
年期 LEASE TERM: 999 YEARS
開始日期 COMMENCEMENT OF LEASE TERM: 24/06/1892
每年地稅 RENT PER ANNUM: $90.00 |
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所佔地段份數
SHARE OF THE LOT: 1/1,000
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物業地址
ADDRESS:
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FLAT A on 8th
FLOOR
BLOCK 8, LUCKY GARDEN
8 LUCKY STREET, HONG KONG |
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| 備註 REMARKS: |
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業主資料
Owner
Particulars
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| 業主姓名
Name of Owner |
身分
(如非唯一擁有人)
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 |
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| LI MIN |
Joint Tenant |
UB123456 |
1/5/2001 |
20/5/2001 |
$3,000,000 |
| WONG KIN |
Joint Tenant |
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物業涉及的轇轕
Incumbrances
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| 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 |
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| UB100000 |
15/4/1996 |
3/5/1996 |
Building Mortgage |
Asia Bank |
All Monies |
| UB100999 |
1/11/1997 |
24/11/1997 |
Release |
- |
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| UB100001 |
1/3/1997 |
24/3/1997 |
Deed of Mutual
Covenant |
- |
- |
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| UB120000 |
1/4/2001 |
18/4/2001 |
Agreement |
LI MIN
WONG KIN |
$3,000,000 |
| UB123457 |
1/5/2001 |
20/5/2001 |
Mortgage |
HK Bank |
All Monies |
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等待註冊的契約
Deeds
Pending Registration
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| 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 |
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| UB124888 |
10/11/2001 |
18/11/2001 |
Order No.
DR103/HK/01 under S.24(1) of the Buildings
Ordinance |
Building Authority |
- |
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In the above sample record, the following points
should be noted:
| 1. |
LIN MIN and WONG KIN are the
current registered owners of the subject premises
and they jointly (as joint tenants) hold 1/1,000th
equal undivided share in Inland Lot No.1234.
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| 2. |
The property is now subject to the following
incumbrance:
Mortgage Memorial No.123457 |
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| 3. |
Documents and deeds appearing in the "Deeds
Pending Registration" part of the land
register are those which have recently been
submitted to the Land Registry for registration
and are being scrutinised to see if they are
registrable and if the formalities for registration
have been complied with (that is, the registration
process is not yet complete). |
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| 4. |
In the above case, title to the property
may be defective due to the possible registration
of Order Memorial No.UB124888 (an order involving
unauthorised building works). A purchaser
of the above property may require the order
to be discharged before completion. In practice,
both parties may agree that the vendor deposit
an agreed sum with the vendor's solicitors
as stakeholders for the purpose of discharging
the order. |
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| 4. |
Priority of instruments
Generally, the priority of registered instruments
depends on the priority of their respective dates
of registration.
S.5 of the Land Registration Ordinance further
provides that if an instrument is registered within
one month of its date of execution, it is entitled
to priority from the date of execution. If an
instrument is registered after one month of its
execution, it is only entitled to priority from
the date of registration.
Example 1
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Date of execution |
Date of registration |
Effective date of priority |
| Document 1 |
1/12/2001 |
25/12/2001 |
1/12/2001 |
| Document 2 |
3/3/2002 |
10/4/2002 |
10/4/2002 |
Example 2
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Date of execution |
Date of registration |
| Document 1 |
10/2/2002 |
23/2/2002 |
| Document 2 |
13/2/2002 |
20/2/2002 |
In the above example, Document 1 will have priority
over Document 2 since the effective date of priority
of Document 1 is 10/2/2002, whilst that of Document
2 is 13/2/2002.
Example 3
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Date of execution |
Date of registration |
| Document 1 |
10/2/2002 |
23/2/2002 |
| Document 2 |
8/2/2002 |
28/2/2002 |
In the above example, Document 2 will have priority
over Document 1 since the effective date of priority
of Document 2 is 8/2/2002, whilst that of Document
1 is 10/2/2002.
Example 4
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Date of execution |
Date of registration |
| Document 1 |
10/2/2002 |
23/2/2002 |
| Document 2 |
8/2/2002 |
10/3/2002 |
In the above example, Document
1 will have priority over Document 2 since the
effective date of priority of Document 1 is 10/2/2002,
whilst that of Document 2 is 10/3/2002. |
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| 5. |
Non-registration
S.3(2) of the Land Registration Ordinance provides
in effect that all registrable deeds, conveyances,
and other instruments in writing, and judgments,
which are not registered, shall, as against any
subsequent bona fide purchaser or mortgagee for
valuable consideration of the same property, be
absolutely null and void to all intents and purposes. |
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| 6. |
Land search
A land register makes it possible to ascertain
what documents have been registered in the Land
Registry (website: http://www.landreg.gov.hk) relating to a property. However, it may
sometimes be necessary to obtain a particular
document in order to find out its contents and
to ascertain its exact effect on the property.
In this situation, a copy of the document itself
may be obtained from the Land Registry. |
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