Registration Guidelines - Party's Name
- I attach a copy of the Guidelines used by the Land Registry for handling discrepancies in the party's name in the land records, the instrument or the memorial.
- These guidelines represent the practice now adopted by the Land Registry. They are issued as a result of a review of the matter at the Land Registry and Law Society Joint Standing Committee. It is hoped that they will provide some guidance to legal practitioners handling any discrepancy in a party's name.
- The guidelines are meant for guidance only.
- For enquires, please contact the Customer Services Manager, Mr W Y KWOK (now changed to Miss Cherie CHOW) at telephone number 2867 2882 (now changed to 3105 0000).
(A. G. Cooper)
Land Registrar
Registration Guidelines - Party's Name
According to Regulation 13 of the Land Registration Regulations, the Land Registry shall scrutinize every instrument delivered for registration and the memorial thereof, and shall ensure that the particulars required by Regulation 6 are accurately contained in the memorial. In this connection, if the Land Registry encounters discrepancies in the party's name between the land records, the instrument or the memorial, the following actions will be taken:
(1)
For discrepancies such as the examples listed in Table 1 below: Table 1
| Case | Discrepancy | Examples | ||
|---|---|---|---|---|
| Register | Instrument | Memorial | ||
| (i) | Different arrangement of the name | Chan Tai Man, David | David, Chan Tai Man or Chan, David Tai Man | Same as instrument |
| (ii) | Different form of surname | Sze To Tai Man | Sze-To Tai Man or Szeto Tai Man | Same as instrument |
| (iii) | Simplified Chinese character |  |  | Same as instrument |
| (iv) | Commonly acceptable abbreviated form | ABC International Company ABC Corporation | ABC Int'l Co. ABC Corp. | Same as instrument Same as instrument |
The Land Registry will accept the discrepancies without querying. The examples given are simple, straight forward cases without any complications. For cases with doubtful circumstances, clarification would be sought from the lodging solicitors.
(2)
For discrepancies such as the examples listed in Table 2 below: Table 2
| Case | Discrepancy | Examples | ||
|---|---|---|---|---|
| Register | Instrument | Memorial | ||
| (i) | Maiden name adopted(other than Divorce Proceedings) | Wong Chan Anna | Chan Anna | Wong Chan Anna nee Chan Anna |
| (ii) | Christian name missing or added | Chan Tai Man, David | Chan Tai Man | Same as instrument |
| Chan Tai Man | Chan Tai Man, David | Same as instrument | ||
| (iii) | Surname cannot be ascertained | Chan Tai Man | Tai Man Chan | Same as instrument |
| Rose Smith Xanadu | Xanadu Rose Smith | Same as instrument | ||
| (a) | For cases with document of identity The Land Registry will require addition of cross reference such as "also known as XXX" in the memorial. |
| (b) | For cases without document of identity We require addition of the relevant cross reference to the memorial and confirmation by solicitors in writing that the two names refer to the same person. |
Exception
If the discrepancy stated in Case (i) of Table 2, i.e. maiden name adopted in instrument, occurs in Divorce Proceedings papers, since the instrument itself is self-explanatory, it will be accepted for registration and clarification from the solicitors is not required.
For cases with doubtful circumstances, further clarification would be sought with the lodging solicitors.
Note: These guidelines are meant for guidance only and are not exhaustive.
The Land Registry
September 1999