Cap. 296 Art. 38Cap. 88.

(1) On the coming into force of the repeal of Parts VA and VI of this Act (30 June 1995), no applications for a cautionary charge shall be entertained and any cautionary charge entered in the Land Registry prior to the coming into force of the said repeal shall be deemed to be a charge entered in accordance with article 28A of this Act.

(2) All Land and Charge Certificates issued prior to the 30 June 1995 shall be admissible in evidence only as proof of their contents as on their date of issue.

(3) Where prior to the coming into force of sub-article (1) of article 14 of this Act (30 June 1995), on the opening of succession of any person, the title to the land comprised in the transmission and situated in any registration area has not been registered in the name of the persons in whose favour such land may have passed, it shall be deemed that the provisions of article 14 of the principal Act, as in force prior to the coming into force of the said sub-article (1) of article 14, did not apply to any such land: Provided that the Land Registrar may, after giving such notice as he may deem fit, register such land in the name of the persons in whose favour such land may have passed or in the name of their successors in title, in accordance with the provisions of the Land Registration Act (Cap.296.) as amended by Act VII of 1995, and the provisions of the Land Registration Act (Cap.296.) empowering the said registrar to require any person to produce any document or information shall apply also for the purposes of this proviso.

(4) The titles to the land registered in virtue of Legal Notice Number 37 of 1983, and listed in the following sub-article of this article shall be deemed to have been duly and regularly registered in accordance with the provisions of the Land Registration Act (Cap.296.) and any dealing with such land after the coming into force of this sub-article (30 June 1995) shall be registerable in the Land Registry as if such land were situated in a registration area: Provided that any transfer or charge in relation to such land registered in the Public Registry after the issue of the said Legal Notice and before the 30 June 1995 shall be deemed to be an overriding interest and the provisions of article 43 of the Land Registration Act (Cap.296.) shall apply thereto.

(5) The titles to the land to which sub-article (4) hereof applies are the following: Certificates of Title numbers 547200001, 547200002, 546900003, 567300008, and from 547400004 to 547400007 (both numbers inclusive).

(6) Where before the 30 June 1995, a qualified title has been issued by the registrar in accordance with the provisions of the Land Registration Act (Cap.296.) as in force prior to the 30 June 1995, it shall be deemed to be a title registered in accordance with the corresponding provisions of the Land Registration Act (Cap.296.) as amended by the provisions of Act VII of 1995, qualified in accordance with article 24 of the Land Registration Act (Cap.296.) as amended by the provisions of Act VII of 1995.

(7) Any absolute title or possessory title registered before the 30 June 1995 shall be deemed to be a guaranteed title and a title which is not a guaranteed title respectively and any reference in any other law to registration with a possessory title and registration with an absolute title shall be construed as a reference to a registration with a title which is not a guaranteed title and registration with a guaranteed title, respectively. †Part VI (articles 38 to 42) was repealed by article 29 of Act VII of 1995. established or protected by law;

(g) leases;

(h) general privileges, general hypothecs and the benefit of separation of estates duly registered under the laws in force at the time such rights may have arisen;

(hh) special privileges and special hypothecs encumbering the land and registered in the Public Registry before the land encumbered became comprised in a registration area;

(i) the rights of the competent authority acquired under the Land Acquisition (Public Purposes) Ordinance unless and until registered or protected on the register in the prescribed manner;

(j) shooting and similar rights;

(k) legal usufructs unless and until they are protected on the register in the prescribed manner;

(l) the rights of the heirs of a predeceased spouse over property comprised in the community of acquests and registered in the name of the other spouse: Provided that, where it is proved to the satisfaction of the registrar that any land registered or about to be registered is free from easements or free from tithes and other burdens, the registrar may notify the fact on the register in the prescribed manner.

(2) Where at the time of first registration any easement or other real right or any tithes or burdens created by a public deed or by a will and duly registered under the laws in force at the time such rights may have arisen, adversely affect the land, the registrar shall enter a note thereof on the register.

(3) Where the existence of an overriding interest mentioned in this article is proved to the satisfaction of the registrar or admitted, he may (subject to any prescribed exceptions) enter notice of the same, or a claim thereto on the register, but no claim to an easement not created by a public deed shall be noted against the title to the servient land if the proprietor of such land (after the prescribed notice is given to him) shows sufficient cause to the contrary.