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Home Deed

Home Deed Template for Hong Kong

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Key Requirements PROMPT example:

Home Deed

"I need a Home Deed for transferring a residential property in Kowloon from my company to an individual buyer, with completion scheduled for March 15, 2025, including provisions for an existing tenant's lease agreement."

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Document background
A Home Deed is a crucial legal instrument in Hong Kong's property market, used specifically for transferring residential property ownership. This document is required whenever there is a transfer of residential property ownership, whether through sale, gift, or other means of transfer. The deed must comply with Hong Kong's Conveyancing and Property Ordinance and other relevant property laws. It includes essential information such as the property's legal description, parties' details, consideration amount, and various declarations and warranties. The document must be properly executed, witnessed, and registered with the Hong Kong Land Registry to be legally effective. Given its legal significance, the Home Deed typically requires preparation by qualified legal professionals and must meet specific formatting and content requirements under Hong Kong law.
Suggested Sections

1. Parties: Full legal names, identification numbers, and addresses of the transferor (seller) and transferee (buyer)

2. Background: Brief history of the property ownership and context of the current transfer

3. Definitions: Key terms used throughout the deed including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Details: Comprehensive legal description of the property including lot number, address, and registered particulars

5. Consideration: Details of the purchase price and payment terms

6. Transfer Declaration: Formal declaration of property transfer from transferor to transferee

7. Transferor's Covenants: Warranties and representations by the transferor regarding property title and condition

8. Execution Requirements: Signing and witnessing requirements as per Hong Kong law

9. Governing Law: Confirmation that the deed is governed by Hong Kong law

Optional Sections

1. Existing Encumbrances: Details of any existing mortgages, charges, or other encumbrances affecting the property

2. Special Conditions: Any special terms or conditions specific to this property transfer

3. Property Management: Specific terms regarding management fees and obligations for properties in multi-story buildings

4. Indigenous Rights: Special provisions for properties in the New Territories subject to indigenous rights

5. Stamp Duty Declaration: Special declarations regarding stamp duty liability and payment arrangements

Suggested Schedules

1. Schedule 1 - Property Description: Detailed property description including floor plans, boundaries, and fixtures

2. Schedule 2 - Title Documents: List of all relevant title documents and their particulars

3. Schedule 3 - Encumbrances: Details of all registered encumbrances affecting the property

4. Schedule 4 - Completion Requirements: List of documents required for completion of the transfer

5. Appendix A - Property Plans: Official floor plans and location maps of the property

6. Appendix B - Land Search: Current land search results from the Land Registry

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Management

Construction & Development

Professional Services

Public Sector

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Risk Management

Corporate Services

Operations

Administrative Services

Relevant Roles

Property Lawyer

Conveyancing Solicitor

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Title Officer

Real Estate Transaction Manager

Property Administrator

Legal Executive

Bank Manager

Mortgage Specialist

Industries
Conveyancing and Property Ordinance (Cap. 219): Primary legislation governing property transactions in Hong Kong, including the requirements for valid property transfers, legal formalities for deeds, and rights and obligations of parties in property transactions
Land Registration Ordinance (Cap. 128): Regulates the registration of real estate transactions and documents at the Land Registry, establishing priority of interests and providing public access to property records
Stamp Duty Ordinance (Cap. 117): Governs the stamp duty payable on property transactions, including rates, exemptions, and payment procedures
Building Management Ordinance (Cap. 344): Deals with the management and maintenance of multi-story buildings, including common areas and facilities
New Territories Ordinance (Cap. 97): Specific legislation governing land rights and transactions in the New Territories region of Hong Kong
Law of Property Amendment Ordinance (Cap. 219): Contains amendments and updates to property law principles, affecting how property rights are created, transferred, and enforced
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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