Deeds Registration - Duty To Give and Show Good Title

Duty To Give and Show Good Title

Since, in contrast to the Torrens title system, the registry is merely a record of all instruments related to the land, the "owner" as shown on the land registry record (or common known as "land search record" in Hong Kong) does not necessary mean that he has a "good title", which means a title that is not defeasible or potentially defeasible.

In a sale and purchase of land, a vendor is required to show a "good title" to the purchaser. Since the land search record is not conclusive, it leads to problems when a vendor has to prove his title, in particular when the land is old or involves multiple encumbrances. This may lead to litigation if the parties cannot agree on whether a good title is shown.

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