Page:Land Titles Ordinance (Cap. 585).pdf/37

46. Provisions as between vendor and purchaser

(1) On a sale of registered land or a registered long term lease to a purchaser—

(a) the vendor shall, subject to any stipulation to the contrary, provide the purchaser with—

(i) a copy of the current entries in the Title Register;

(ii) a copy of any instrument referred to in any such entry;

(iii) a copy of any plan referred to in any such entry or instrument; and

(iv) such other documents as may be prescribed by the regulations,

so far as any such entries, instrument, plan or documents respectively affect the land or lease (except registered incumbrances which are to be discharged at or prior to completion of the sale);

(b) the vendor shall, subject to subsection (2) and to any stipulation to the contrary, at his own expense provide the purchaser with particulars of any overriding interests affecting the land or lease of which he has, or ought reasonably to have, knowledge; and

(c) where the vendor is not the owner of the land or of a registered charge giving a power of sale over the land, or the lessee of the lease, he shall, at the request of the purchaser and at his own expense, and notwithstanding any stipulation to the contrary, procure—

(i) the registration of himself as the owner of the land or charge or the lessee of the lease; or

(ii) a disposition of the land, charge or lease from the owner to the purchaser.

(2) Where, on the first transfer on or after the date of first registration of land, the vendor has, or ought reasonably to have, knowledge of an overriding interest which might affect the land—

(a) the vendor shall, notwithstanding any stipulation to the contrary, and whether under subsection (1)(b) or otherwise, at his own expense provide the purchaser of the land with full particulars of the interest; and

(b) the purchaser shall include the particulars provided to him under paragraph (a) in the application presented to the Registrar for the registration of the transfer.

(3) Notwithstanding any stipulation to the contrary, on a sale of registered land or a registered long term lease, a purchaser shall only be entitled to require from the vendor the matters required to be provided by the vendor to the purchaser under this section.