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The Land Registry - Title Registration - Proposals for Title Registration

Title RegistrationDiscover
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Post-enactment ReviewDiscover
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“New Land First”
Proposal
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Proposed
Two-Stage
Conversion
Mechanism
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What is title registration?


Title registration is a land registration system under which title to land is conferred by registration in the Title Register, as opposed to the deeds registration system where title passes upon execution of a valid deed of transfer. The Title Register is conclusive evidence of the title to the property and the person registered in the Title Register as owner is recognised by law as the legal owner. In general, the title to the property is only subject to registered matters and overriding interests affecting the property. Overriding interests refer to interests that affect the property notwithstanding that they are not registered, e.g. public rights and leases for a term not exceeding 3 years (where the lessee is to take possession of the property forthwith under the lease at the best rent without a premium). Title can be established as a matter of fact by checking the Title Register and there is no need to look behind the Title Register and check the historical title documents to ascertain ownership of a property as under the present deeds registration system in Hong Kong. Title registration system has been adopted in many overseas jurisdictions with common law background.

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Background

Background

Hong Kong currently adopts a deeds registration system. To enhance title certainty and simplify conveyancing procedures, the Land Titles Ordinance (Cap. 585) has been enacted to provide for a title registration system which will come into effect after a comprehensive review is completed and the necessary amending legislation is passed.

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Post-enactment Review and Preparation for Title Registration

Post-enactment Review and Preparation for Title Registration

At the request of the Legislative Council, the Government undertook to conduct a comprehensive review of the Land Titles Ordinance (Cap. 585) and consider making further amendments to the Ordinance in consultation with the key stakeholders before its commencement.

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“New Land First” Proposal

“New Land First” Proposal

The Land Registry is actively pursuing the “new land first” proposal to enable early implementation of title registration system in Hong Kong.

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Proposed Two-Stage Conversion Mechanism

Proposed Two-Stage Conversion Mechanism

A Two-Stage Conversion Mechanism has been proposed for consultation with the key stakeholders in order to address their diverse views and concerns over the conversion mechanism, and the rectification and indemnity arrangements under the Land Titles Ordinance (Cap. 585).

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