Failure to register the right to exclusive use of the roof

The exclusive right to use the roof of a building is registrable under the Land Registration Ordinance. Failure to register can result in a loss of priority under s.3 of the Land Registration Ordinance.

In Fast Forward Ltd v Magicsound Co Ltd ([1991] 2 HKLR 529, CA) undivided shares in an industrial building had been sold to Magicsound’s predecessor in title. The sale included the right to the exclusive use of the main roof of the building. The sale was registered but the registration did not mention the right to the exclusive use of the roof. Further undivided shares were sold to Fast Forward together with the exclusive right to use the main roof. Fast Forward’s registration did refer to this right. The Court of Appeal confirmed that the right was registrable. Since Magicsound’s predecessors had not registered, their right to exclusive use of the roof had lesser priority than that of Fast Forward.

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