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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
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身分
(如非唯一擁有人)
Capacity
(If NOT Sole Owner)
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註冊摘要編號
Memorial No.
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文書日期
Date of
Instrument
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註冊日期
Date of
Registration
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代價
Consideration
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LI MIN
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Joint Tenant
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UB123456
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1/5/2001
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20/5/2001
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$3,000,000
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WONG KIN
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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.
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文書日期
Date of
Instrument
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註冊日期
Date of
Registration
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文書性質
Nature
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受惠各方
In favour of
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代價
Consideration
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UB100000
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15/4/1996
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3/5/1996
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Building Mortgage
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Asia Bank
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All Monies
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UB100999
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1/11/1997
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24/11/1997
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Release
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-
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-
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UB100001
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1/3/1997
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24/3/1997
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Deed of Mutual Covenant
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-
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-
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UB120000
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1/4/2001
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18/4/2001
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Agreement
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LI MIN
WONG KIN
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$3,000,000
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UB123457
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1/5/2001
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20/5/2001
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Mortgage
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HK Bank
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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.
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文書日期
Date of
Instrument
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交付日期
Date of
Delivery
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文書性質
Nature
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受惠各方
In favour of
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代價
Consideration
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UB124888
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10/11/2001
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18/11/2001
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Order No.
DR103/HK/01 under S.24(1) of the Buildings Ordinance
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Building Authority
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-
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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
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Date of registration
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Effective date of priority
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Document 1
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1/12/2001
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25/12/2001
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1/12/2001
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Document 2
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3/3/2002
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10/4/2002
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10/4/2002
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Example 2
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Date of execution
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Date of registration
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Document 1
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10/2/2002
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23/2/2002
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Document 2
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13/2/2002
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20/2/2002
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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
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Date of registration
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Document 1
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10/2/2002
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23/2/2002
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Document 2
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8/2/2002
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28/2/2002
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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
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Date of registration
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Document 1
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10/2/2002
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23/2/2002
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Document 2
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8/2/2002
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10/3/2002
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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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