Page:Land Titles Ordinance (Cap. 585).pdf/40

LAND TITLES ORDINANCE :(a) which relates to registered land or a registered long term lease of the covenantor;
 * (b) the burden of which is expressed or intended to run with the registered land or the registered long term lease of the covenantor; and
 * (c) which is expressed and intended to benefit the registered land or the registered long term lease of the covenantee and his successors in title or persons deriving title to that land or lease under or through him or them,

the registration of the covenant shall be effected by the entering in the Title Register of particulars of that instrument both in respect of the registered land or the registered long term lease burdened and the registered land or the registered long term lease benefited by the covenant.

(2) Subject to section 28, an instrument providing for a covenant shall not affect registered land or a registered long term lease unless particulars of the instrument are entered in the Title Register.

(3) In this section, “covenant” (契諾) does not include a deed of mutual covenant within the meaning of section 53.

(4) For the avoidance of doubt, it is hereby declared that this section shall not prejudice the operation of section 45.

53. Deeds of mutual covenant

(1) The registration of a deed of mutual covenant shall be effected by—
 * (a) its registration as an incumbrance; and
 * (b) entering particulars of the deed in the Title Register.

(2) The registration of any alteration or addition to a registered deed of mutual covenant shall be effected by—
 * (a) adding to or altering the entry in the Title Register referring to the deed; or
 * (b) removing that entry and substituting a new entry in relation to the deed.

(3) On proof to the satisfaction of the Registrar that a registered deed of mutual covenant, including any registered alterations or additions, has been extinguished or otherwise terminated, the Registrar shall remove the entry in the Title Register referring to the deed.

(4) The registration of a deed of mutual covenant under this section shall also effect the registration of any easement, right or covenant provided for in the deed which affects the registered land or registered long term lease concerned.

(5) In this section—

“deed of mutual covenant” (公契) includes a document which defines the rights, interests and obligations of owners among themselves;