Title Registration

• The key benefits of a title registration system are:
  
  
  • Certainty of title
    
    

    The Title Register is conclusive evidence of the title to registered properties. A bona fide purchaser who has paid valuable consideration and is in possession of the property is entitled to indefeasible title upon registration as owner.

  • Provision of indemnity
    
    

    Indemnity, subject to a cap, is available to persons who suffer loss due to property fraud that causes an entry being made in, or removed or omitted from the Title Register and results in the loss of ownership.

  • Simplified conveyancing procedures
    
    

    In general, except for overriding interests (i.e. interests that affect the property notwithstanding that they are not registered, e.g. public rights and leases^[1] for a term not exceeding 3 years), title is only subject to registered matters shown on the Title Register. A purchaser is not required to look behind the Title Register and check the historical title documents concerning the property to establish title.

[1] Where the lessee is to take possession of the property forthwith under the lease at the best rent without a premium.

• In 1988, the then Registrar General (former Land Registrar) set up a working party (comprising practising solicitors from prominent conveyancing law firms and representatives of the Faculty of Law of the University of Hong Kong) to examine the introduction of a title registration system for Hong Kong, drawing on the experience of the land registration systems operating in comparable overseas jurisdictions. The objective was to improve the efficiency and security of the land registration system of Hong Kong so that it would better serve the public and professionals engaged in property-related businesses. A number of stakeholders including the Law Society of Hong Kong (“Law Society”) and the Hong Kong Bar Association were consulted on the proposal. The first Land Titles Bill was introduced into the Legislative Council (“LegCo”) in November 1994 but the scrutiny work was not completed within the legislative term. Accordingly, the Bill lapsed at the end of the legislative term in July 1995.
• After the lapse of the Land Titles Bill in July 1995, the LR maintained dialogue with the Law Society and, in consultation with other key stakeholders, reviewed and revised various elements of the Bill. A revised Land Titles Bill was introduced into the LegCo in December 2002 and passed on 7 July 2004. The enacted Land Titles Ordinance (Cap. 585) (“LTO”) was gazetted on 23 July 2004.

• At the request of the LegCo, the Government undertook to conduct a comprehensive review of the LTO before its commencement, and to take follow-up actions on various issues raised during the scrutiny of the Bill. Since the enactment of the LTO, the LR has, in consultation with the key stakeholders, carried out a comprehensive review of the LTO for the implementation of the title registration system. Throughout the years, various proposals have been put forward to address stakeholders’ divergent views over the main issues including the mechanism for bringing existing land and properties to which the LRO applies under the LTO (i.e. conversion mechanism) and the rectification and indemnity arrangements. The LR has been making continuous efforts in engaging the key stakeholders, bridging their different expectations and addressing their concerns on implementing the title registration system. As there are still outstanding issues on the conversion mechanism, for the sake of achieving early implementation of the title registration system with the benefits that it will bring, the LR is actively pursuing the proposal of implementing title registration on new land first (i.e. land granted by the Government after the commencement of the LTO) (““new land first” proposal”) and has secured support in principle for the proposal from the key stakeholders. The proposal was presented to the Panel on Development of the LegCo on 19 December 2022 and gained general support.

• The Land Registry is working on the legislative amendments to the LTO to implement the proposal and the target is to introduce an amendment bill into the LegCo in 2024 for scrutiny. The Registry will continue to engage key stakeholders to work out the implementation details and to undertake other preparatory work.