Hong Kong Land Law | PCLL Conversion

Syllabus for Hong Kong Land Law

1. Definitions and Formalities

The definitions of ‘land’ and ‘legal estate’ in s 2 of the Conveyancing and Property Ordinance (Cap 219)
The difference between fixtures and fittings
The formalities for the creation, transfer and disposal of legal and equitable interests in land
The formalities for the sale and leasing of land
The effect of a memorandum as evidencing an oral agreement for the sale or lease of land
ss 3(1), 4, 5 and 6 of the Conveyancing and Property Ordinance

2. Priority and Land Registratio

Instruments registrable under the Land Registration Ordinance (Cap 128)
The priority of registered instruments under s 3(1), 5 and 5A of the Land Registration Ordinance
The effect of s 3(2) and s 4 of the Land Registration Ordinance
The doctrine of notice
Resulting and constructive trusts and the priority of unregistrable interests in land
Bona fide purchasers without notice actual or constructive

3. Joint Ownership and the Partitioning of Land

Joint tenancies and tenancies in common
Effect of death on joint tenancies and tenancies in common
Severance of joint tenancies and s 8 of the Conveyancing and Property Ordinance
Voluntary partition of land in joint ownership
Application for partition under the Partition Ordinance (Cap 352)
Who can apply
The court’s powers to order partition or sale or to refuse such an order
Principles governing the court’s exercise of discretion

4. Adverse Possession

The limitation periods under the Limitation Ordinance (Cap 247)
Accrual of a right of action
The pre-requisites of adverse possession
The aggregation of periods of adverse possession
The effect of leases granted by squatters
The effect of renewal of Government leases in the New Territories under the New Territories (Renewable Government Leases) Ordinance (Cap 152) and the extension of Government leases in the New Territories under the New Territories Leases (Extension) Ordinance (Cap 150)
The effect of the reversion of Hong Kong Island and Kowloon to the PRC on the titles of squatters
Special considerations where the squatter secures only a leasehold title by adverse possession and the surrender of title by the paper title owner to the Government

5. Government Leases and Conditions of Grant

The vesting of land in the State, the right of the Chief Executive to dispose of land
The disposal of land by granting Government leases and Conditions of Grant
The nature of the interest under Conditions of Grant
The five different types of Conditions
The conversion of the equitable interest held under Conditions of Grant into a legal estate
ss 14(1), (2) and (3) of the Conveyancing and Property Ordinance
The effect of compliance with conditions precedent to the grant of a Government lease, evidence of compliance, deemed compliance and registration of a certificate of compliance
The sectioning of land, the subdivision of land by the sale of undivided shares in land and the creation of section and subdivision registers in the Land Registry
The role of deeds poll
The duration of Government lease terms, rights of renewal and automatic renewal under the Government Leases Ordinance (Cap 40) and the New Territories (Renewable Government Leases) Ordinance
The effect of the Basic Law on the duration of Government lease terms (Articles 120, 121 and 123 of the Basic Law) and the Government Leases (Extension) Ordinance
User restrictions in Government leases and Conditions of Grant and the construction of such restrictions by the court
The running of the burden of restrictive and positive covenants in Government leases and Conditions of Grant
Waiver by Government of restrictions in Government leases and Conditions of Grant
Express waiver, implied waiver (acquiescence) by conduct and estoppel
Block Government leases and Demarcation District Plans
The enforcement of covenants in Block Government leases

6. Deeds of Mutual Covenant

The subdivision of land into undivided shares
The nature of ownership in a multi-storey building
Further subdivision of shares and sub-deeds of mutual covenant
The usual covenants found in deeds of mutual covenant
"House rules"
Liability for management fees and the carrying out of structural alterations
Duty to keep premises in good repair under the deed of mutual covenant and the Building Management Ordinance (Cap 344)
Common parts and interference with common parts
The demolition of internal walls and knocking holes in external walls
The passing of the benefit and burden of covenants in respect of multi-storey buildings under ss 39, 40 and 41 of the Conveyancing and Property Ordinance
The liability of an owner of shares in a multi-storey building for breaches of the deed of mutual covenant committed by predecessors in title

7. The Small House Policy

The Small House Policy
Who is entitled to construct a small house
Private treaty grants, free building licenses, certificates of exemption under the Buildings Ordinance (Application to New Territories) Ordinance (Cap 121), certificates of compliance and letters of no objection
Restrictions on alienation of small houses and consequences of alienation

8. Chinese Customary Trusts over Land

The nature and purpose of Tsos and Tongs
Recognition of them under the New Territories Ordinance (Cap 97)
The rule against perpetuities applied to tongs and tsos
The entitlement to tong and tso land
The alienability of tong and tso land
The management of tongs and tsos

9. Introduction to the Land Titles Ordinance (Cap 585)

Conversion for new land and existing land, caveats and cautions, registrable interests and overriding interests, the effect of registration, security of title and indemnity