- (b) subject to subsection (4), signed and certified by an authorized land surveyor.
(2) Without prejudice to the generality of subsections (3) and (4)—
- (a) subject to paragraph (b), it shall not be necessary for an instrument referred to in subsection (1) to be accompanied by a land boundary plan referred to in subsection (1) where the division of registered land concerned is provided for by a will or judgment and that instrument is the grant of probate in respect of the will, or the judgment, as the case may be;
- (b) it shall be necessary for an instrument accompanying an application presented for the registration of a dealing to effect the passing of title to any parcel of land resulting from that division to be accompanied by such a land boundary plan.
(3) It shall not be necessary for an instrument referred to in subsection (1) or (2)(b) to be accompanied by a land boundary plan referred to in that subsection if the instrument was executed before the commencement of section 30 of the Land Survey Ordinance (Cap. 473).
(4) It shall not be necessary for a land boundary plan—
- (a) accompanying an instrument referred to in subsection (1) or (2)(b); and
- (b) which has been prepared by the Government,
to be signed and certified by an authorized land surveyor.
45. Implied covenants for title
(1) For the avoidance of doubt, it is hereby declared that—
- (a) the provisions of this Ordinance shall not prejudice the operation of section 35 of the Conveyancing and Property Ordinance (Cap. 219); and
- (b) no reference to a covenant implied under that section shall be entered in the Title Register.
(2) Where a covenant implied under section 35 of the Conveyancing and Property Ordinance (Cap. 219) is to be excluded, varied or extended in a transfer of registered land or a registered charge, express reference shall be made to the covenant so excluded, varied or extended in the instrument supporting the transfer or registered charge.
(3) Where a transfer or charge is supported by an instrument mentioned in subsection (2), then the registration of the transfer or charge shall of itself effect the registration of the covenant implied under section 35 of the Conveyancing and Property Ordinance (Cap. 219) as varied or extended by the transfer or charge.
