A Deed of Partition is essential when co-owners of property in Hong Kong wish to formally divide their jointly held property into separate, individually owned portions. This document type is commonly used in family property divisions, business partner separations, or when joint property investors decide to split their holdings. The deed must comply with Hong Kong's legal requirements, particularly the Conveyancing and Property Ordinance, and requires careful drafting to ensure all aspects of the property division are properly addressed. The document typically includes detailed property descriptions, partition methods, rights and obligations of parties, and provisions for shared facilities. It must be properly executed as a deed and registered with the Hong Kong Land Registry to be legally effective. The Deed of Partition serves as permanent evidence of the division and the new ownership structure, making it a crucial document for property rights and future transactions.
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1. Parties: Full legal names and addresses of all co-owners participating in the partition
2. Background: Recitals stating current ownership structure, property details, and reason for partition
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the entire property before partition, including lot numbers and registered details
5. Agreement to Partition: Express agreement of all parties to partition the property
6. Method of Partition: Detailed description of how the property will be divided, including boundaries and access rights
7. Allocation of Shares: Specific allocation of divided portions to each party
8. Mutual Covenants: Agreements between parties regarding shared facilities, maintenance, and access
9. Costs and Expenses: Allocation of costs related to the partition, including registration fees and stamp duty
10. Registration and Completion: Provisions for registration of the partition and completion arrangements
11. Governing Law: Confirmation that the deed is governed by Hong Kong law
12. Execution: Formal execution blocks for all parties and witnesses
1. Monetary Adjustments: Required when unequal partition necessitates financial compensation between parties
2. Easements and Rights of Way: Needed when the partition creates necessary rights of way or easements between divided portions
3. Building Management: Required for partition of multi-story buildings or properties with shared facilities
4. Tax Indemnities: Include when there are specific tax implications that need to be addressed between parties
5. Mortgagee Consent: Required if the property is subject to any existing mortgages
6. Development Restrictions: Include when there are specific restrictions on future development of the partitioned properties
7. Dispute Resolution: Optional clause for specific dispute resolution mechanisms
1. Schedule 1 - Property Details: Detailed legal description of the original property including title particulars
2. Schedule 2 - Partition Plans: Survey plans showing the division of the property with measurements and boundaries
3. Schedule 3 - Allocation Details: Detailed description of each new portion and its allocation to specific parties
4. Schedule 4 - Rights and Easements: Details of all rights of way, easements, and shared facilities
5. Schedule 5 - Existing Encumbrances: List of any existing mortgages, charges, or encumbrances affecting the property
6. Appendix A - Land Survey Report: Professional surveyor's report on the property division
7. Appendix B - Valuation Report: Independent valuation of the divided portions if required
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