Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 25

Effect of registration of transfer of land

not yet in operation PART 5

EFFECT OF REGISTRATION AND CONNECTED MATTERS

(1) Subject to sections 27 and 82, the registration of a person as the owner
upon a transfer of land shall vest in the person who is registered as the
owner of the land the legal estate or equitable interest and rights described
in subsection (2), free from all other interests and claims except as
specified in subsection (3).

(2) (a) Where paragraph (a)(i) of the definition of "owner" in section 2(1) is
applicable and the land is held under a Government lease or an agreement for a
Government lease in respect of which a Government lease is deemed to have been
issued under section 14 of the Conveyancing and Property Ordinance ( Cap 219),
there shall vest in the person who is registered as the owner—

        (i)    the legal estate in the land held under the Government lease or
               the agreement for the Government lease (but excluding any case
               where the person does not hold the full unexpired term of the
               lease of the land); and

        (ii)   all rights attaching to the land which may be exercised by
               virtue of that legal estate.

        (b)	Where paragraph (a)(i) of the definition of "owner" in section 
2 (1) is applicable and the land is held under an agreement for a Government
lease in respect of which any condition precedent has not been complied with
or has not been deemed to have been complied with under section 14 of the
Conveyancing and Property Ordinance ( Cap 219), there shall vest in the person
who is registered as the owner—

        (i)    the equitable interest in the land held under that agreement

(but excluding any case where the person does not hold the full unexpired term
of the agreement for lease); and

        (ii)   all rights attaching to the land which may be exercised by
               virtue of that equitable interest.

        (c)	Where paragraph (a)(ii) of the definition of "owner" in section 
2 (1) is applicable and the land is held under a Government lease or an
agreement for a Government lease in respect of which a Government lease is
deemed to have been issued under section 14 of the Conveyancing and 
Property Ordinance ( Cap 219), there shall vest in the person who is
registered as the owner—

        (i)    the legal estate of the undivided share in the land (but
               excluding any case where the person does not hold the full
               unexpired term of the lease of the land); and

        (ii)   all rights attaching to the land which may be exercised by
               virtue of that legal estate.

        (d)	Where paragraph (a)(ii) of the definition of "owner" in section 
2 (1) is applicable and the land is held under an agreement for a Government
lease in respect of which any condition precedent has not been complied with
or has not been deemed to have been complied with under section 14 of the
Conveyancing and Property Ordinance ( Cap 219), there shall vest in the person
who is registered as the owner—

        (i)    the equitable interest of the undivided share in the land (but
               excluding any case where the person does not hold the full
               unexpired term of the lease of the land); and

        (ii)   all rights attaching to the land which may be exercised by
               virtue of that equitable interest.

(3) The person who is registered as the owner shall hold his legal estate or
equitable interest and rights subject to—

   (a)  any covenants, exceptions, reservations, stipulations, provisos or
        declarations contained in the Government lease or the agreement for a
        Government lease of the land;

   (b)  any registered matter affecting the land; and

   (c)  any overriding interest affecting the land.

(4) Nothing in this section shall relieve the owner of registered  land from a
duty to which he is subject as trustee.