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4. Clause 4 amends section 9 which deals with the presumption that co-owners hold property as tenants-in-common. It was considered that trustees and personal representatives of the estate of a deceased person should not be presumed to be tenants-in-common in view of the special nature of their position, and the new subsection (3) allows for this.
5. (a) A vendor is usually required to produce, in order to prove his title to the land being sold, the Crown lease and all other relevant documents for a period of at least 25 years before the contract for sale. This minimum period for proof of title has been reduced to 15 years as the period of 25 years was causing problems with providing certified copy documents, and it was considered that purchasers were not likely to be materially affected by such a reduction. Clause 5(a) provides for this and also amends section 13(1)(a) to make it clear that title cannot be required to commence before the grant of the Crown lease forming the root of title.
(b) It has been found in practice to be difficult to produce the original of a power of attorney where the power was given some considera- ble time before the conveyancing transaction. Clause 5 amends section 13(1)(c) so that the original of a power of attorney, unless the contrary intention is expressed, can be required from the vendor only where it was executed less than 15 years before the contract of sale.
(c) It has been found that prior to the enactment of the Conveyancing and Property Ordinance in November 1984 the practice was that copy documents were certified by two solicitors' clerks, not by a public officer or a solicitor. Clause 5 amends section 13(2) to recognize this practice while requiring that after 1 November 1984 the copy must be certified by a public officer or a solicitor.
(d) Section 13(4A) deals with the difficulty that has been encountered
where a document of title has been executed under an old power of attorney by providing presumptions of regularity where the execu- tion was not less than 15 years before.
6. (a) Clause 6 amends section 14(1)(a) by deleting "compliance" and putting in instead the word "accordance" which is felt to be more appropriate.
(b) Some problems have been experienced with the various forms of certificates issued in the past to confirm that certain conditions precedent have been complied with, thus giving the purchaser a right to a Crown lease and a legal, as opposed to a merely equitable, interest in the property. The proposed change in section 14(3) would deal with the situation in some Districts in the New Territories where it was not the practice to issue a Certificate of Compliance but to place a note on the Conditions of Sale or make an entry on the District Land Office Register to the effect that the conditions have been complied with.
(c) Section 14(4)(a) and (b) deals with those cases (e.g. Conditions of
Grant or Extension) that did not contain any conditions preced- ent, but the Crown lease was not issued.
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