Deed Of Sale Without Land Title Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Sale Without Land Title

"I need a Deed of Sale Without Land Title for a Hong Kong residential property that has been in my family's possession for over 40 years, with completion scheduled for March 2025 and including specific provisions about existing elderly tenants who will remain in the property."

Document background
The Deed Of Sale Without Land Title is a specialized legal instrument used in Hong Kong when transferring property rights in situations where formal land title documentation is unavailable or incomplete. This typically occurs in cases of long-term historical possession, rural properties with unclear ownership history, or properties held through traditional rights. The document provides a structured framework for such transactions, incorporating specific provisions under Hong Kong law to address the unique challenges and risks involved. It includes detailed warranties about possession, comprehensive property descriptions, and specific protections for both parties. The deed must be carefully drafted to comply with Hong Kong's Conveyancing and Property Ordinance, Property Law Ordinance, and related legislation. It's particularly important to include clear representations about the history of possession, current occupancy status, and any known claims or encumbrances.
Suggested Sections

1. Parties: Full identification of the Vendor and Purchaser, including HKID/passport numbers and addresses

2. Background: Context of the sale, history of possession, and explanation of why title documents are not available

3. Definitions: Key terms including Property, Completion Date, Purchase Price, and specific terms related to possessory rights

4. Sale and Purchase: Core agreement to sell and purchase the property, including the exact nature of rights being transferred

5. Purchase Price: Amount, payment terms, and method of payment

6. Vendor's Representations and Warranties: Warranties about possession, peaceful enjoyment, no encumbrances, and history of possession

7. Property Condition: Current state of the property and acceptance by purchaser

8. Completion: Completion procedures, timing, and deliverables

9. Risk and Insurance: Transfer of risk and insurance responsibilities

10. Possession and Rights: Details of possessory rights being transferred and any limitations

11. Further Assurance: Obligations to execute further documents or take additional steps if needed

12. Execution: Proper execution blocks for a deed including witnesses

Optional Sections

1. Third Party Rights: Include when there are known third-party interests or potential claims to address

2. Tax Matters: Include when specific tax arrangements or implications need to be addressed

3. Indemnities: Include when additional specific indemnities beyond standard warranties are required

4. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms

5. Assignment: Include when transfer rights need to be specifically restricted or permitted

6. Existing Tenancies: Include when the property is subject to existing tenancies that will continue

7. Planning Permissions: Include when there are specific planning or zoning considerations to address

Suggested Schedules

1. Property Description: Detailed description of the property including boundaries, features, and access rights

2. Payment Schedule: Breakdown of payment installments if applicable

3. Evidence of Possession: Documentation proving historical possession and use of the property

4. Property Photos: Current photographs of the property and its boundaries

5. Occupancy History: Timeline of occupation and possession

6. Known Encumbrances: List of any known claims, rights, or restrictions affecting the property

7. Property Plans: Available plans, drawings, or surveys of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Property Investment

Urban Development

Property Management

Agricultural

Industrial

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Investment

Operations

Finance

Due Diligence

Documentation

Relevant Roles

Real Estate Lawyer

Property Manager

Land Surveyor

Property Developer

Real Estate Agent

Compliance Officer

Legal Counsel

Conveyancing Manager

Property Investment Manager

Risk Manager

Title Insurance Specialist

Real Estate Investment Director

Property Valuation Expert

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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