The Deed of Conveyance and Deed of Assignment is a fundamental legal instrument in Hong Kong's property transaction framework. This document is essential when transferring ownership of real property, whether for residential, commercial, or industrial purposes. It reflects Hong Kong's unique property law system, which combines elements of English common law with local legislation and practices. The document is required for registration with the Hong Kong Land Registry and must comply with strict legal formalities under the Conveyancing and Property Ordinance. It includes detailed property descriptions, parties' information, consideration, and various covenants and warranties. This type of deed is particularly important in Hong Kong's leasehold system, where most properties are held under government leases, and the document must address both the transfer of the physical property and the assignment of the rights under the relevant government lease.
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1. Parties: Identifies all parties to the deed including the transferor (vendor) and transferee (purchaser), with their full legal names and addresses
2. Background/Recitals: Sets out the history of the property ownership, current title details, and the agreement to transfer
3. Definitions: Defines key terms used throughout the deed including the Property, Purchase Price, Completion Date, and other relevant terms
4. Consideration: States the purchase price and confirms payment terms
5. Operative Part: The formal words of conveyance/assignment transferring the property rights
6. Title Guarantee: Vendor's warranties regarding their right to transfer the property and the state of the title
7. Property Description: Detailed description of the property being transferred, including boundaries and registered details
8. Rights and Easements: Details of rights, easements, and restrictions that run with the land
9. Covenants: Promises and obligations of both parties regarding the property transfer
10. Execution: Formal execution clause and signing requirements for a deed
1. Conditions Precedent: Used when completion is subject to specific conditions being met
2. Existing Tenancies: Required when the property is subject to ongoing tenancy agreements
3. Planning Permissions: Included when specific planning permissions or restrictions affect the property
4. Environmental Matters: Required when there are environmental considerations or contamination issues
5. Party Wall Provisions: Included for properties sharing walls or structures with neighboring properties
6. Management Company Provisions: Required for properties in managed developments or with shared facilities
7. Development Obligations: Used when the property is subject to ongoing development requirements
1. Property Schedule: Detailed property description including lot number, address, and boundaries
2. Title Documents Schedule: List of all relevant title documents and their contents
3. Plans and Maps: Official plans showing the property boundaries and location
4. Existing Encumbrances: Details of any existing mortgages, charges, or other encumbrances
5. Rights and Easements Schedule: Comprehensive list of all rights and easements affecting the property
6. Fixtures and Fittings: Inventory of included and excluded fixtures and fittings
7. Land Search Documents: Recent land search results and relevant land registry documents
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