Why should I register a land document in the Land Registry? Do I need to submit the tenancy agreement for registration in the Land Registry?The Land Registry
Reasons for Registering a Land Document
- Registration of a document under the present deeds registration system gives it priority over unregistered documents and other documents registered after it. However registration does not give the document any validity it does not have.
- By registration, your interest in the property is put on notice to any person who is interested in the property.
- Any persons subsequently dealing with the property will be bound by the registered document.
- Unregistered documents will lose priority and be void as against any subsequent bona fide purchaser or mortgagee for valuable consideration.
- For persons interested in a property, for example, a purchaser or mortgagee, they can obtain more information from the land register. If necessary, they can check and verify all land documents affecting that property with the assistance from private legal practitioners before making their decisions in dealing with the related property.
According to the Land Registration Ordinance, the priority of a tenancy agreement with a term not exceeding 3 years will not be affected even if it is not submitted to the Land Registry for registration. Therefore, you do not have to submit your tenancy agreement to the Land Registry for registration if the term of tenancy agreement does not exceed 3 years.
If the term of tenancy agreement exceeds 3 years, priority may be affected if the land document is not registered. You should seek legal advice and decide whether you should submit the tenancy agreement to the Land Registry for registration.