New Territories Land Matters – Overview and Some Practical Issues

As urbanization sprawls to every corner of the city, many of those once unpromising rural lands in the New Territories have now became the goose that lays the golden eggs. But those lands are often poorly managed. Some may be subject to old mortgages recorded back in 1905. Some may have no readily-enforceable access to public road. And some may have been occupied by strangers for dozens of years or by descendents of the paper owner deceased decades ago.

The current occupier may like to claim an interest in the land by, e.g., time bar or succession. But the reality is often that the paper owner is simply nowhere to be found or the applicable succession laws simply not the Intestates’ Ordinance Cap 73 but the Ching Code of the distant past. Any of these predicaments may hold the current occupier back from a redevelopment plan that he may otherwise pursue.

Detailed Information

Highlights of the course include:

  • Whereabouts of the Paper Owner:
    • Due Diligence in Locating the Owner
    • Death Search, Probate Search &Presumed Death
    • Service of the Originating Process & the Role of the Official Solicitor
  • Section 12A of Conveyancing and Property Ordinance Cap 219:
    • Amount to be paid into Court
  • Adverse Possession:
    • Current Dispute Required
    • Aerial Photos and Lot Index Plan
    • Manifested Intent to Possess
    • T’so or Tong Lands
    • Inadvertent Sale of Lands Adversely Possessed
  • Right of Way:
    • By Necessity
    • By Prescription
  • Indigenous Villager:
    • Small House & Village Election
    • Descendent of a Resident Iiving in 1898
    • Legality of Selling Small House Right (套丁)
  • Town Planning
  • Pre-1994 Succession:
    • Applicability
    • Ching Laws and Customs
    • Procedure

Registration Conditions

To view our registration conditions click here.

Special Discount

This seminar forms a series “Land Series” with the seminars on Managing Building Management Disputes.

Special Discount Offer for registering in both courses. Please key in coupon code “landseries” after placing both courses in your cart.