56. Saving of certain rights
Nothing in this Ordinance shall be construed as altering any rule of law which implies in the grant or reservation of an easement such ancillary rights as are necessary for effective enjoyment of the easement.
57. Registration of more than one owner
(1) An instrument providing for a transfer made in favour of 2 or more persons shall not be registered unless it shows, in respect of the registered land or the registered long term lease to which it relates—
- (a) whether the persons are joint tenants or tenants in common; and
- (b) where the persons are tenants in common, the share of each owner or lessee.
(2) The entry made in the Title Register to effect the registration of an instrument referred to in subsection (1) shall show the particulars required to be shown in that instrument under paragraphs (a) and (b) of that subsection.
58. No interference with rights of succession, etc.
Nothing in this Ordinance shall be construed as affecting—
- (a) a right which the owner of registered land or a registered charge, or the lessee of a registered long term lease, has to make a will, under the law relating to testamentary disposition, disposing of the land, charge or lease on his death;
- (b) the law of intestate succession;
- (c) a right of succession to land under Part II of the New Territories Ordinance (Cap. 97) (including that Part as read with section 12 of the New Territories Land (Exemption) Ordinance (Cap. 452)); or
- (d) the operation of section 15 or 18 of the New Territories Ordinance (Cap. 97).
PART 8
Instruments
59. Form of instruments
(1) A disposition of registered land, a registered charge or a registered long term lease, or the grant or reservation of an easement over registered land or a registered long term lease, may be made in any manner as could have been done prior to the date of first registration of the land or lease except where—
