Absolute Title
Often called ‘freehold’ or ‘fee simple absolute in possession’, the entitlement to exclusive use and possession for an indefinite period is called absolute title in the RLO. The reason why private land is called absolute title in the RLO is that the freehold means holding land free of all rights and obligations to the Crown.
Amenity area
An area or areas within the boundaries of a project (intended for leisure purposes) which may include landscaped areas, communal lounges, swimming pools etc
Apartment building
A multiple dwelling comprising three or more dwelling units with shared entrances and shared exits provided for dwellings units located above the first storey.
Applicant
Any authorized person who intends to carry out development.
Asking Price
The price at which a seller offers a property asset for sale. The eventual selling price may be different after negotiation with the purchaser.
Board
The Physical Planning Board, appointed pursuant to section 4 of the Physical Planning Ordinance, 1989.
Builder
Person engaged in erection, construction, alteration, improvement, maintenance or repair of a building.
Building area
The total area occupied by a building at ground level excluding terraces, steps and ramps.
Buyer's Market
In the property market is a condition of supply and demand in which those seeking to purchase are in a relatively strong negotiating position because of a degree of oversupply.
Commercial Development
Development which is not for private residential or agricultural purposes.
Commercial Facilities
Development for the provision of goods and services on a retail basis, including offices.
Crown Land
Crown land is defined in the Crown Lands Ordinance as land that has not been the subject of a freehold grant by the Crown, or expressly identified as private land in RLO, or any land for which a land register folio does not exist.
Conditional Purchase Lease
This is a form of leasehold tenure, and more specifically dealt with in section 4.6. The lease also forms an agreement or contract between the lessor (the Crown) and the lessee that subject to complete compliance with the terms and conditions stipulated in the lease, the lessee is entitled to purchase the freehold title.
Condominium
A scheme in which any complex of buildings is developed so that each unit is attached to or dependent to a substantial degree on the other units in the scheme for support, shelter or easement for services.
Development
The carrying out of building, engineering, mining or other operations in, on, over or under any land, the making of any material change in the use of any building or land or the subdivision of any land.
Development Permission
Permission for development which is given under the provision of the Physical Planning Ordinance.
Dwelling house/single family
A building containing one dwelling, designed for and used exclusively as a private residence for one household.
Dwelling house/multi-family
A residential building or group of attached buildings, other than a hotel in which more than one family may reside.
Dwelling house/detached
A dwelling free standing on its lot with set-backs from all lot boundaries.
Dwelling house/semi-detached
A building containing two units, separated by a boundary wall and with detached each section having a separate entrance.
Dwelling house/duplex
Two dwelling units one above the other or side by side on the same lot.
Encumbrances on Title
The word ‘encumbrance’ means a burden on title. It is the collective term used for many of the rights and interest that are noted on the back of a parcel or leasehold register folio in the encumbrances section. These burdens on title may include leases or subleases, charges (called mortgages elsewhere), etc. The charge that is registered to protect a discount provided to a grantee is an encumbrance on the proprietor’s title.
Guest house/dwelling
Any building with less than ten rooms designed or constructed for use or occupation for sleeping purposes by family or guests or friends.
Habitable room
Area in a structure for living, sleeping, eating or cooking. Maintenance or utility space, parking garages and similar areas are not considered habitable space.
Leasehold
In its simplest form a lease is like an absolute title but for a definite and not indefinite period.
Licenses
If the registered owner gives permission to another person to undertake some form of activity on the land, but not to use the land exclusively, this is called a ‘license’ and this agreement can be protected by registration. The right is a personal right and not a right in the land.
Light Industrial Development
Development which involves manufacturing processes which do not affect the amenity of an area by way of the creation of noise, vibrations, fumes, dust. soot, offensive odours, traffic generation, etc. This definition also includes warehousing.
HeavyIndustrial Development
Development which is incompatible with residential uses due to noise, development vibrations, fumes, dust, smoke, soot, grit, offensive odours or excessive traffic generation. It also includes industries where materials are stored, used, or created may be potentially combustible or toxic.
Provisional Title
If, during adjudication, the owner or occupier of land could not show a good title, or had not been in open and peaceful possession of the land for the requisite number of years, the Adjudication Officer would declare the person’s title as being ‘provisional’.
Restrictive agreements
These are also called ‘covenants’ and all CL leases and freehold grants contain covenants that bind the proprietor (e.g. not to change the use of the land, etc).
Subdivision
Improved or unimproved land or lands divided or proposed to be divided into two or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, transfer of title , or interest in, any or all such parcels, and shall include re-subdivision, and when appropriate to the context, shall relate to the process of subdividing of the land or territory subdivided.