| FAQ: |
| Q1: |
How can I ensure that the address of the premises affected stated
in the memorial is acceptable for registration? |
| A: |
Memorial lodged for registration must contain the correct up-to-date
address of the premises affected as that shown in the computerised
land register. You are advised to obtain the correct address by searching
the relevant computerized land register before you prepare the memorial.
|
| Q2: |
For instrument containing only the old premises number and street
name, should I enter the old address contained in the instrument or
the updated address shown in computerised land register? |
| A: |
You should complete this box by stating '(the old premises number
and street name) now known as (the current premises number and street
name)'.
|
| Q3: |
For instrument containing both the old and updated address, is it
sufficient to state the updated address in this box? |
| A: |
Yes. We accept the completion of this box with either the updated
address or '(the old premises number and street name) now known as
(the current number and street name).'
|
| Q4: |
For instrument containing only the provisional address of the development,
should I state it in the Address box? |
| A: |
Yes. Please state "Official Address Not Yet Known" after the provisional
address.
|
| Q5: |
There are various forms of description of Street Nos. such as ¡§3/35¡¨
and ¡§3-35¡¨. Which form should be used? |
| A: |
Both forms of description are acceptable and interchangeable.
|
| Q6: |
If the premises affected written in the provisional Agreement for
Sale and Purchase are ¡§Units 1 - 5¡¨ instead of ¡§Units 1, 2, 3, 4 and
5¡¨, will it be acceptable for registration? |
| A: |
In such case, the Land Registry will adopt a flexible approach as
far as possible and check whether there are only Units 1, 2, 3, 4,
and 5 in our records. However, in case there are premises such as
Units 1A, 1B, 2B, etc. in our records, the description ¡§Units 1 -
5¡¨ cannot clearly identify the premises affected and the instrument
will be withheld for clarification.
|
| Q7: |
How to deal with the discrepancies in premises description between
the registered instruments and land records such as the Flat and Unit? |
| A: |
The two premises descriptions ¡§Flat¡¨ and ¡§Unit¡¨ have already been
accepted as interchangeable description for registration purpose.
However, those descriptions with functional purpose such as Factory
Unit, Storeroom, Shop, Workshop, etc. are not interchangeable and
must be stated strictly according to land records.
|
| Q8: |
If the property written in an instrument is "A ®y", but
the premises description in land records is "Flat A", will
the instrument be acceptable for registration despite such discrepancy
between the Chinese and the English descriptions? |
| A: |
The Chinese description of "Flat A" should
be "A «Ç" instead of "A ®y". Therefore, the instrument
will be withheld from registration for clarification.
|
| Q9: |
In some cases, there are minor discrepancies in the Chinese building
description between the instrument (such as Letters of Administration)
and land records (e.g. ¤j ¼Ó / ¤j ·H), will it be acceptable for registration? |
| A: |
If there are discrepancies in premises description between the instrument
and the land records, the instrument will be withheld from registration
for clarification.
|
| Q10: |
Do I need to fill in the Chinese address? |
| A: |
It is required to provide the Chinese address of the property in
the memorial if known. The land register and the bilingual Rate Demand
issued by the Rating and Valuation Department are regarded as an authoritative
reference of the Chinese address of a property.
The lodging party may make reference to the "Guidelines
on Chinese property addresses to be specified in Memorials after IRIS
rollout" and LRCM No. 6/07
[Paragraph 2(b)] on the Land Registry website.
|
| Q11: |
If the Chinese property address written in a Provisional Agreement
for Sale and Purchase is inconsistent with land records e.g. "¤G¼Ó"
is stated in instrument while 1/F is stated in land records, will
the instrument be acceptable for registration? |
| A: |
Each case will be considered individually. Evidence such as the
Rate Demand issued by the Commissioner for Rating and Valuation can
be provided for our consideration.
|
| Q12: |
Can the descriptions of ¡§Roof thereabove¡¨ and simply just ¡§Roof¡¨
be used interchangeably in the instrument and memorial? |
| A: |
Yes. However, if the description is ¡§Portion of Roof¡¨ in the land
register, the description should be exactly the same as in the instrument
and memorial.
|
| Q13: |
Only the names of the village and the district are shown in the
address field of the computerised land register. Is it sufficient
to state the same in the Address box? |
| A: |
Yes.
|
| Q14: |
If 'Lot No. XXX in DD XXX' is shown in the Address field of the
computerised land register, should I state the same in the Address
box? |
| A: |
As the same should have already been stated in the 'Lot No.' box
of the memorial, it is not necessary to repeat the same in the Address
box.
|
| Q15: |
If the property address written in a Provisional Agreement for Sale
and Purchase includes the information of ¡§xxx §ø¡¨, but the relevant
land register does not contain such information, will the instrument
be acceptable for registration despite such apparent discrepancy? |
| A: |
We will adopt a flexible approach as far as possible and check if
other information on the property description in the instrument can
ascertain the correctness and identity of the property. If it is in
affirmative, the information of ¡§xxx §ø¡¨ will be regarded as additional
information from the perspective of deed registration and thus it
is optional to be specified in the instrument/memorial and acceptable
for registration.
|
| Q16: |
If I have a letter from the Rating and Valuation Department confirming
the allotment of official address to the premises affected, can I
insert this address in the Address box of the subject memorial? |
| A: |
Yes. If there is such letter from the Rating and Valuation Department
to prove that the official address has been allotted to the premises
affected by the instrument, you can enter the official address as
mentioned in the said letter in the Address box. (Note: Please also
provide us with a copy of the said letter for our reference/consideration.)
|
| Q17: |
If the lot / premises stated in an instrument has been carved out,
subdivided or portion of the same has been surrendered, resumed, etc.
and the land register of the lot / premises has thus been closed,
should I still enter the original lot / premises description or the
new description resultant from the aforesaid changes in the memorial? |
| A: |
In general, no further instruments would be registered against closed
registers. Therefore, it is the new description of the lot (or section
of the lot) / premises (units) resultant from the said changes that
is to be entered into the memorial.
|
| Q18: |
Is the former address required to be stated in the ¡§Address¡¨ memorial box? |
| A: |
This practice is in accordance with the guidelines set out in
LRCM 6/95. If the relevant land register contains an updated address
while the instrument states the former address only, a cross reference
between the former and the updated addresses should be included in the
¡§Address¡¨ memorial box. If the instrument states both the former and
the updated addresses, the updated one stated in the ¡§Address¡¨ memorial
box is sufficient.
|
| Q19: |
Is ¡§Chinese Address Not Yet Known¡¨ or ¡§Official Address Not Yet Known¡¨
required to be stated in the memorial? |
| A: |
According to LRCM No. 6/07, it is no longer required to insert
¡§Chinese Address Not Yet Known¡¨ or ¡§Official Address Not Yet Known¡¨
in the memorial if relevant information is not shown on the relevant
land register.
|
| |
|