Decoding Land Registration

土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
土地註冊解碼
Decoding
Land Registration
太古城物業土地登記冊樣本
Sample Land Register of a Property in Taikoo Shing
Teacher’s Notes for Sample Land Register of a Property in
Taikoo Shing
1.
SEARCH TYPE: “CURRENT” AND “HISTORICAL AND CURRENT”
There are two types of search, namely “Current” and “Historical and Current”
enquiries. A “Current” enquiry contains the current information of a property
i.e. the latest transaction in the “Owner Particulars” section and those subsisting
(now affecting the property) incumbrances. A “Historical and Current”
enquiry contains the historical and current information of a property, i.e. all land
documents that have been registered against the property.
2.
PROPERTY PARTICULARS
This section provides information such as the lot number and the address of the
property, share of the lot, details of the government lease under which the lot is
held, the annual government rent payable, the lease term and the commencement
date of the term, etc..
3.
PROPERTY REFERENCE NUMBER
The “Property Reference Number” (PRN) is a unique computer generated
number assigned by the Land Registry to each land register. The PRN is
shown on the land register to facilitate easy identification and quick retrieval of
the land register.
4.
LOT NO.
A unique number allocated by the Lands Department to each piece of land for
identification purpose.
5.
HELD UNDER: GOVERNEMNT LEASE
This indicates the type of land grant document by which the property was
granted or leased. Examples of land grant documents include Government
Lease, New Grant, Conditions of Sale, etc.. The lease term indicates how long
the lessee can hold the land. The expiry date of the lease is the end of the lease
term from the date of commencement of lease.
6.
SHARE OF THE LOT
Share of the lot refers to the number of undivided shares the unit or premises has
been assigned in relation to the total number of undivided shares into which the
land (on which the whole building or development stands) is divided.
7.
ADDRESS
The address of the property shows where the premises or unit is situated.
8.
OWNER PARTICULARS
This section provides information on the names of the registered owner(s), the
date on which the owner(s) acquired the property, the consideration involved,
etc..
In general, owner(s) of the last entry under this section is the current owner(s)
who owns the property. The amount that the owner(s) paid for the property is
shown in the “Consideration” column.
9.
MEMORIAL NO.
All documents delivered for registration must be accompanied by a memorial.
The memorial number is a computer assigned number indicating the date and
sequence of delivery of the documents.
10.
ASSIGNMENT
Mr. Seal bought the property for $8.2 million from Chan Tai Man. They
signed an Assignment through which title to the property is assigned by Chan
Tai Man to Mr. Seal.
11.
INCUMBRANCES
The incumbrances section contains information about the registered documents
which affect the property but may not change the ownership. Examples are:
court order, mortgage, occupation permit, deed of mutual covenant, agreements
for sale and purchase, etc..
12. DEED OF MUTUAL COVENANT
A Deed of Mutual Covenant sets out the rights, interests and obligations of the
owners, occupiers, tenants and property management agents in respect of the
control, administration, maintenance and management of private properties,
common parts and facilities of buildings or developments.
13.
OCCUPATION PERMIT
An occupation permit usually contains the completion date of a building and the
user restriction of the building and the units in it. You may make reference to
the occupation permit to know about the age of a building.
14.
AGREEMENT FOR SALE AND PURCHASE WITH PLAN
In 1984, Chan Tai Man bought the property for $1.9 million. The Agreement
for Sale and Purchase and the Assignment were signed and registered.
15.
MEMORANDUM OF OUTSTANDING MANAGEMENT FEES
It is a charge relating to outstanding management fees made by a management
company against the property. This is one type of what people commonly
called “釘契” in Chinese. A buyer should ensure that this memorandum is
cleared on or before completion of the sale and purchase.
16.
MEMORANDUM OF SATISFACTION
The registered Memorandum of Satisfaction indicates that the outstanding
management fees have been settled. The property is no longer subject to the
charge relating to outstanding management fees made by the management
company.
17.
ORDER NO. INVO00055/HK/10/TA BY THE BUILDING AUTHORITY
This indicates that there were unauthorised building works affecting the
property or defects in the property at the time. The Building Authority has
registered a document to give notice that the property has been charged with the
order until all works specified in the order has been carried out to such standard
acceptable to the Building Authority. Non-compliance with the order will lead
to enforcement action. This is another type of what people commonly called
“釘契” in Chinese. A buyer should ensure that this order has been complied
with or withdrawn on or before completion of the sale and purchase.
18.
LETTER OF WITHDRAWAL
As the repair of defects or removal of unauthorised building works has been
carried out to the standard acceptable to the Building Authority, the Letter of
Withdrawal has then been registered.
19.
PROVISIONAL AGREEMENT FOR SALE AND PURCHASE
Cheung Sam intends to buy the property for $7.5 million and has signed a
Provisional Agreement for Sale and Purchase which has been duly registered.
20.
MEMORANDUM OF RESCISSION
The buyer Cheung Sam wants to rescind the transaction and a Memorandum of
Rescission has been registered (what people commonly called “踢契” in
Chinese). This refers to the situation where the buyer unilaterally refuses to
complete the transaction after signing the provisional or formal Agreement for
Sale and Purchase because the deal is considered flawed and he does not wish to
proceed with the transaction.
21.
SEALED COPY OF CHARGING ORDER: NOTICE TO SHOW CAUSE
Chan Tai Man has borrowed money from a bank and is unable to repay the debt
to the bank. The bank has charged the property with the outstanding loan
amount and registered the charging order. A buyer should ensure that the order
has been discharged on or before completion of the sale and purchase.
22.
SEALED COPY ORDER
As Chan Tai Man has settled the outstanding debt, another sealed copy order has
been registered to discharge the previous sealed copy charging order.
23.
AGREEMENT FOR SALE AND PURCHASE
Mr. Seal bought the property for $8.2 million. The Agreement for Sale and
Purchase and the Assignment were signed and registered.
24.
MORTGAGE
After Mr. Seal bought the property from Chan Tai Man, he has mortgaged the
property with a bank for $4 million. Buyers should take note of mortgage
information to make sure that the property is free from mortgage and that the
seller will pay off any outstanding mortgage before the transaction is completed.
25.
DEEDS PENDING REGISTRATION
This section provides information on documents
has been lodged with the Land Registry but,
registration of them has not been completed.
Deeds Pending Registration section may or may
affecting the property which
for one reason or another,
Documents listed under the
not be eventually registered.
The Land Registry will only proceed to register a document when it complies
with all the requirements under the Land Registration Ordinance.
The date of registration of a document will be the date when it is presented to
the Land Registry for registration and documents that are registered first have
priority over those that are registered after them. Therefore, buyers should
check this section to see if there are any documents delivered for registration
that may affect their purchase.
26.
RECEIPT ON DISCHARGE
Mr. Seal has paid off the mortgage and has lodged the Receipt of Discharge of
the mortgage for registration.