The Real Estate Deed is a fundamental legal document used in Hong Kong property transactions to transfer real estate ownership from one party to another. It must comply with the Conveyancing and Property Ordinance (Cap. 219) and related Hong Kong legislation, requiring proper execution and registration with the Land Registry to be legally effective. This document is essential in both residential and commercial property transactions, containing crucial information such as precise property details, ownership rights, encumbrances, and transfer terms. The deed serves as permanent evidence of the property transfer and forms part of the property's chain of title, making it a critical document for future transactions and property rights verification.
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1. Parties: Full legal names and details of the transferor (seller) and transferee (buyer), including identification numbers and registered addresses
2. Recitals: Background information establishing the transferor's ownership and right to transfer the property
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed legal description of the property including lot number, address, and registered particulars
5. Consideration: Statement of the purchase price and payment terms
6. Transfer Declaration: Formal words of transfer and conveyance of the property
7. Title Warranties: Warranties given by the transferor regarding property title and ownership
8. Execution: Signature blocks and execution formalities for all parties
9. Attestation: Witness details and signatures as required by Hong Kong law
1. Easements and Rights: Details of any easements, rights of way, or other encumbrances affecting the property
2. Planning Restrictions: Any relevant planning or zoning restrictions affecting the property
3. Tenancy Details: Information about existing tenancies if the property is being transferred subject to tenancies
4. Mortgage Details: Required if the property is being transferred subject to an existing mortgage
5. Joint Ownership Provisions: Required for properties being transferred to multiple owners, specifying the nature of co-ownership
6. Foreign Ownership Declaration: Required when the transferee is a foreign person or entity
1. Schedule 1 - Property Details: Comprehensive property description including boundaries, measurements, and floor plans
2. Schedule 2 - Title Documents: List of all relevant title documents and their registration particulars
3. Schedule 3 - Fixtures and Fittings: Inventory of fixtures and fittings included in the transfer
4. Schedule 4 - Encumbrances: Details of all registered encumbrances, mortgages, and charges
5. Appendix A - Property Plans: Official plans and drawings of the property
6. Appendix B - Land Search Documents: Recent land search results and registration particulars
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