Registration of Deeds
(I) Registration of deeds
What is registration of deeds?
- The Land Registry maintains a computerized land register for each property.
- Particulars of deeds or other documents affecting a property lodged for registration are entered into the land register of that property.
- On completion of registration, the land registers and imaged copies of the registered documents are open for public search subject to payment of the prescribed fees.
In what way is the registration of document related to me as a member of the public?
- If you purchase a property or become a party to a property transaction, you would need to execute a deed or other document. That deed or document will normally be registered with the Land Registry.
What are the benefits of registering a document in the Land Registry to me?
- Registration of a document under the present deeds registration system gives it priority over unregistered documents and other documents registered after it but does not give the document any validity it does not have.
- Through registration, your interest in the property is put on notice to any person who is interested in the property.
- Any persons subsequently dealing with the property will be bound by the registered document.
- Unregistered documents will lose priority and be void as against any subsequent bona fide purchaser or mortgagee for valuable consideration.
- For persons interested in a property, for example, a purchaser or mortgagee, they can obtain information related to the property from the relevant land register. They can also check and verify all registered land documents affecting that property with the assistance from private legal practitioners before making their decisions in dealing with the related property.
(II) Deed Registration Process
Step 1 - Preparation by lodging party
- The solicitors firm handling the property transaction will prepare the necessary document and arrange it for registration.
- Each document should be accompanied by a memorial form, which contains the essential particulars of the document.
- The memorial form should be verified by the certificate of a solicitor.
- Each batch of documents should be accompanied by a lodgement list showing the proper sequence of documents to be lodged.
Step 2 - Lodgement of deeds
- The documents, the corresponding memorials, the lodgement list and registration fee should be presented to the lodgement counter at the Land Registry.
- Upon receiving the documents, memorials, the lodgement list and registration fee, the lodgement counter staff will enter the lodgement particulars into the Integrated Registration Information System (the System).
- A receipt showing all the memorial numbers allotted by the System for each document and the payment of registration fee will also be issued to the lodging party.
Step 3 - Data entry of information of the document
- The particulars contained in the memorial will be entered into the System on the same day of receipt.
- The System will then generate a Memorial Day Book containing all the memorials in regular succession on the next day for inspection by the public.
Step 4 - Scrutiny and Registration of document
- The Land Registry will check to ensure that :
- The document does affect land and is registrable.
- The information contained in the memorial is accurate and complete.
- The requirements under the Land Registration Regulations are met.
- The land register will then be updated and the images of the memorial and the document will be kept in the System for public search.
The above procedures are illustrated in a "Flowchart on Registration Procedures".
(III) Registration Fees
The requisite registration fee for each type of document can be found in the Schedule to the Land Registration Fees Regulations under the Land Registration Ordinance (Cap. 128).