Land search before a second-hand flat deposit: what it shows and what it cannot prove

Search the exact flat and compare the owner details

Before committing to a second-hand flat or paying a deposit, order a current land register for the correct building, block, floor and unit. An older screenshot or a search for the development as a whole may not identify the interest you are buying. The property and owner sections can help you compare the address, share of the lot, current registered owners and manner of holding with the proposed sale documents. Give your solicitor the seller's identity and authority documents for further checking.

If the flat description, ownership shares or registered names do not match what you were told, establish why before signing the provisional agreement. A land search starts the document check; it does not, by itself, verify the identity of the person signing or their authority to dispose of every interest in the flat.

1823 and Land Registry: information in a land register

Follow up mortgages and deeds pending registration

The incumbrances section can list registered mortgages, charging orders and sale agreements. The deeds pending registration section lists documents lodged with the Land Registry whose registration has not yet been completed. A mortgage does not automatically rule out a purchase, but your solicitor needs to establish how it will be repaid and discharged at completion. Another sale agreement, court order or pending deed deserves a specific explanation rather than an assumption based on its title.

The register is an index to documents, not the full text of every deed. Note the memorial number for any relevant registered document and obtain a copy for the solicitor to read. Ask about gaps in the chain of title, conditions in the deeds and unresolved lodgements. Because new documents may be lodged while a transaction progresses, the solicitor can advise when an updated search is needed.

1823 and Land Registry: incumbrances and obtaining deed copies

A clean-looking register is not a title guarantee

Hong Kong uses a deeds registration system. Registration does not guarantee title or make an otherwise invalid instrument valid. A register with no obvious warning entry is therefore not proof that every title, use or physical issue has been resolved. A solicitor still has to inspect the relevant title documents, investigate missing deeds or doubtful terms, and establish how any incumbrance will be removed.

A land search also cannot inspect the flat, measure its saleable area or establish whether interior alterations are lawful. Those questions require the appropriate documents, physical inspection or other records for the particular case. If a deposit deadline leaves a material issue unanswered, ask the solicitor about your options before taking on a binding obligation; do not replace documents with an oral assurance.

Land Registry: limits of deeds registration

Take a short file to the solicitor before paying

Put the exact flat address, latest register, seller information and draft provisional agreement together. Ask which deeds still need to be obtained and which entries remain open. For a mortgage or charge said to be discharged later, clarify who will arrange it, what evidence will be produced and how its discharge fits the completion payment.

When shortlisting flats, keep the asking price, owner match, incumbrances and pending deeds in comparable columns. An online listing helps you choose what to investigate; the decision to pay a deposit should rest on the current records for that particular flat and the solicitor's answers.

• Do the registered flat and owner match the proposed sale?
• How will each mortgage or other charge be handled at completion?
• Has the solicitor reviewed pending deeds and relevant registered documents?
• Which material questions remain unanswered in writing before signing?