Page:Land Titles Ordinance (Cap. 585).pdf/25

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LAND TITLES ORDINANCE
Ord. No. 26 of 2004
A1305
(d) any unregistered interests (including any matter referred to in section 4(2) or 7(2) of Schedule 1) subject to which the immediately preceding transferor held the land, charge or lease.

(3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this Ordinance.

28. Overriding interests

(1) All registered land shall be subject to such of the following interests as affect the land notwithstanding that the interests are not the subject of an entry in the Title Register—

(a) if Part II of the New Territories Ordinance (Cap. 97) applies to the land, any Chinese custom or customary right affecting the land;
(b) any public rights;
(c) any—
(i) easements provided for in any instrument within the meaning of the Land Registration Regulations (Cap. 128 sub. leg.) in respect of which a memorial within the meaning of those Regulations has been either registered, or accepted for registration, under the Land Registration Ordinance (Cap. 128);
(ii) rights of way;
(iii) rights of water; or
(iv) covenants which run with the land, existing on the date of first registration of the land;
(d) any easements or rights (whether existing before, on or after the appointed day) which are implied by law on the disposition or transmission of the land and which are not expressly granted or reserved in any instrument;
(e) any easements of necessity (whether existing before, on or after the appointed day);
(f) any rights (whether of the Government or any other person) under the Government lease under which the land is held;
(g) any rights, under an enactment,—
(i) of resumption, closure, entry, search, inspection, investigation, user, repair, alteration, removal, demolition, marking, naming or planning of buildings or development, redevelopment or reinstatement of land;
(ii) to extinguish rights or to create easements or other rights;
(iii) relating to costs, standards or specifications of any building, street or engineering works; or
(iv) affecting land or any interest in land,