Part 4: Part 4: Land Registration System, Land Search and Property-related Information Systems
Estate Agency Qualifying Examination · Part 4: Part 4: Land Registration System, Land Search and Property-related Information Systems
A buyer client of an estate agent intends to sign a provisional agreement for sale and purchase in respect of a property held by a private limited company. The client wishes to ascertain whether there are any mortgages or charges over the property. Which of the following documents may contain the relevant information? (i) The articles of association of the vendor company (ii) The latest land search record of the property obtained from the Land Registry (iii) Details of the latest registered mortgages or charges of the vendor company obtained from the Companies Registry (iv) The certificate of incorporation of the vendor company (v) The business registration certificate of the vendor company
Why: A land search record from the Land Registry contains details of all encumbrances affecting the property, including mortgages, statutory charges, building orders and court orders. The Companies Registry maintains records of registered charges over a company's assets, including charges over land or interests in land. The articles of association, certificate of incorporation and business registration certificate do not contain any information relating to mortgages or charges over a specific property.
Landlord Chi-keung intends to enter into a one-year residential tenancy agreement with tenant Hiu-lam. A land search of the property reveals the following registered documents: (i) A legal charge registered by Fusion Bank (ii) A second legal charge registered by Yufeng Finance Company (iii) A memorial of unpaid management fees charge registered by the building's property management company (iv) A building order registered against the property by the Building Authority As the licensed estate agent acting for Hiu-lam, you should advise her to require Chi-keung to obtain prior written consent from which of the following parties before she formally takes up the tenancy?
Why: Mortgage agreements / legal charges typically contain a covenant prohibiting the mortgagor from letting the property to a third party without the prior written consent of the bank / mortgagee. If the landlord lets the property without the mortgagee's consent and the mortgagee subsequently takes possession, the tenant will be unable to continue occupying the unit. An agent should advise a prospective tenant to require the landlord to obtain written consent from all mortgagees (including both banks and finance companies) before signing the tenancy agreement. Approval from the building's property management company and the Building Authority is not a prerequisite for entering into a tenancy agreement.
Under the provisions of the Land Registration Ordinance, which of the following instrument(s) is/are registrable at the Land Registry? (i) A deed of assignment of a residential flat (ii) A mortgage of a car parking space (iii) A charging order over a commercial/industrial property
Why: Under the Land Registration Ordinance (Cap. 128), a deed of assignment of a residential flat, a mortgage of a car parking space, and a charging order over a commercial/industrial property are all registrable instruments at the Land Registry.
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