Common use of RIGHTS AND OBLIGATIONS OF THE OWNERS Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE OWNERS. 2.1 The First Owner shall at all times hereafter subject to and with the benefit of the Government Grant and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the Second Owner All That the Estate Together with the appurtenances thereto and the entire rents and profits thereof save and except only (a) the First Assigned Premises assigned to the Second Owner as aforesaid and (b) the Estate Common Areas and Estate Common Facilities. 2.2 The Second Owner shall at all times hereafter subject to and with the benefit of the Government Grant and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the First Owner All That the First Assigned Premises Together with the appurtenances thereto and the entire rents and profits thereof. 2.3 Each Undivided Share and the full and exclusive right and privilege to hold, use, occupy and enjoy any part of the Estate shall be held by the person or persons from time to time entitled thereto subject to and with the benefit of the easements, rights, rights of way, privileges and obligations herein contained. 2.4 The Owners shall at all times hereafter be bound by and shall observe and perform the covenants, provisions and restrictions herein contained and the benefit and burden thereof shall be annexed to every part of the Land and the Estate and the Undivided Share or Shares held therewith. The Conveyancing and Property Ordinance shall apply to this Deed. 2.5 Subject to the Government Grant and this Deed, every Owner shall have the full right and liberty without reference to the other Owners or other persons who may be interested in any other Undivided Share or Shares in any way whatsoever and without the necessity of making such other Owners or other persons a party to the transaction to sell, assign, mortgage, charge, lease, licence or otherwise dispose of or deal with his Undivided Share or Shares or interest in the Land and the Estate together with the full and exclusive right and privilege to hold, use, occupy and enjoy such part or parts of the Estate which may be held therewith but any such sale, assignment, mortgage, legal charge, lease or licence shall be expressly subject to and with the benefit of this Deed. 2.6 No right or entitlement to the exclusive use occupation and enjoyment of any part of the Land or the Estate may be sold, assigned, mortgaged, charged, or otherwise dealt with separately from the Undivided Share with which the same is held Provided Always that the provisions of this Clause shall not extend to any lease or tenancy. 2.7 The Estate Common Areas and the Estate Common Facilities are deemed to be common areas and facilities for the benefit of all Owners and may, subject to the provisions hereof, be used by each Owner.

Appears in 3 contracts

Samples: Deed of Ownership, Deed of Ownership, Deed of Ownership

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RIGHTS AND OBLIGATIONS OF THE OWNERS. 2.1 The First Owner shall at all times hereafter subject to and with the benefit of the Government Grant Conditions and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the Second Owner All That the Estate Development excluding the General Common Areas and the General Common Facilities Together with the appurtenances thereto and the entire rents and profits thereof save and except only (a) the First Assigned Premises said Property assigned to the Second Owner as aforesaid Together with the appurtenances thereto and (b) the Estate Common Areas entire rents and Estate Common Facilitiesprofits thereof. 2.2 The Second Owner shall at all times hereafter subject to and with the benefit of the Government Grant Conditions and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the First Owner All That the First Assigned Premises said Property Together with the appurtenances thereto and the entire rents and profits thereof. 2.3 Each Undivided Share and the full and exclusive right and privilege to hold, use, occupy and enjoy any part of the Estate Development shall be held by the person or persons from time to time entitled thereto subject to and with the benefit of the easements, rights, rights of way, privileges and obligations herein contained. 2.4 The Owners shall at all times hereafter be bound by and shall observe and perform the covenants, provisions and restrictions herein contained and the benefit and burden thereof shall be annexed to every part of the Land and the Estate Development and the Undivided Share or Shares held therewith. The Conveyancing and Property Ordinance (Cap. 219) shall apply to this Deed. 2.5 Subject to the Government Grant Conditions and this Deed, every Owner shall have the full right and liberty without reference to the other Owners or other persons who may be interested in any other Undivided Share or Shares in any way whatsoever and without the necessity of making such other Owners or other persons a party to the transaction to sell, assign, mortgage, charge, lease, licence or otherwise dispose of or deal with his Undivided Share or Shares or interest in the Land and the Estate Development together with the full and exclusive right and privilege to hold, use, occupy and enjoy such part or parts of the Estate Development which may be held therewith but BUT any such sale, assignment, mortgage, legal charge, lease or licence shall be expressly subject to and with the benefit of this DeedDeed and also subject to the Conditions (which includes, inter alia, Special Condition No. (41)(d) of the Conditions). 2.6 No right or entitlement to the exclusive use occupation and enjoyment of any part of the Land or the Estate Development may be sold, assigned, mortgaged, charged, leased or otherwise dealt with separately from the Undivided Share with which the same is held Provided Always that the provisions of this Clause clause shall not extend to any lease or tenancy. 2.7 (a) The Estate Development Common Areas and the Estate Development Common Facilities are deemed to be common areas and facilities for the benefit of the whole Development and may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by the Owners and their respective bona fide guests, visitors or invitees. (b) The Residential Common Areas and the Residential Common Facilities are deemed to be common areas and facilities for the benefit of all Owners Residential Units and may, subject to the provisions hereofhereof and of any Sub-Deed of Mutual Covenant, be used by each OwnerOwner and resident of a Residential Unit and also their respective bona fide guests, visitors or invitees for all purposes connected with the proper use and enjoyment of such Residential Unit. (c) The Car Park Common Areas and the Car park Common Facilities are deemed to be common areas and facilities for the benefit of all the Parking Spaces and the Visitors’ Parking Spaces and may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by (i) an Owner of Parking Space (and his bona fide guests, visitors or invitees) for the proper use and enjoyment of his Parking Space and (ii) an Owner of Residential Unit (and his bona fide guests, visitors or invitees) for the proper use and enjoyment of the Visitors’ Parking Spaces.

Appears in 1 contract

Samples: Deed of Ownership

RIGHTS AND OBLIGATIONS OF THE OWNERS. 2.1 1. The First Registered Owner shall shall, at all times hereafter hereafter, subject to and with the benefit of the Government Grant and this Deed Deed, and, subject to Section VIII of this Deed, for the residue of the term of years set out in the First Schedule hereto, have the sole and exclusive right and privilege to hold, use, occupy and enjoy, to the exclusion of the Covenanting Owner, the whole of the Land and the Development together with the appurtenances thereto and the entire rents and profits thereof save and except the First Unit and save and except the Common Areas and the Common Facilities. 2. The Covenanting Owner shall, at all times hereafter, subject to and with the benefit of the Government Grant and this Deed, and, subject to Section VIII of this Deed, for the residue of the term of years set out in the First Schedule hereto, have the full and exclusive right and privilege to hold, use, occupy and enjoy enjoy, to the exclusion of the Second Owner All That the Estate Together with the appurtenances thereto and the entire rents and profits thereof save and except only (a) Registered Owner, the First Assigned Premises assigned to the Second Owner as aforesaid and (b) the Estate Common Areas and Estate Common Facilities. 2.2 The Second Owner shall at all times hereafter subject to and with the benefit of the Government Grant and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the First Owner All That the First Assigned Premises Together Unit together with the appurtenances thereto and the entire rents and profits thereof. 2.3 3. Each Undivided Share undivided share of and in the Land and the Development and the full and exclusive right and privilege to hold, use, occupy and enjoy any part of the Estate Development shall be held by the person or persons from time to time entitled thereto thereto, subject to and with the benefit of the easements, rights, rights of way, privileges and obligations herein containedcontained in this Deed. 2.4 The 4. All the Owners shall (including the Registered Owner), so long as they remain as Owners of the Development shall, at all times hereafter hereafter, be bound by by, and shall observe and perform perform, the covenants, provisions and restrictions herein contained set out in the Government Grant and this Deed, and the benefit and burden thereof shall be annexed to every part of the Land and the Estate Development and the Undivided Share undivided share or Shares shares held therewith. The Conveyancing and Property Ordinance (Chapter 219 of the Laws of Hong Kong) and any statutory amendments, modifications or re-enactments thereof for the time being in force shall apply to this Deed. 2.5 5. Subject to the provisions of the Government Grant and this DeedGrant, every Owner for the time being of any undivided share shall have the full right and liberty liberty, without reference to the other Owners or other persons who may be interested in any other Undivided Share undivided share or Shares shares in any way whatsoever whatsoever, and without the necessity of making such other Owners or other persons a party to the transaction transaction, to sell, assign, mortgage, charge, lease, licence or otherwise dispose of or deal with his Undivided Share or Shares undivided share or interest in the Land and the Estate Development, together with the full and exclusive right and privilege to hold, use, occupy and enjoy such part or parts of the Estate Development which may be held therewith therewith, but any such sale, assignment, mortgage, legal chargelease, lease licence or licence other disposal shall be expressly subject to and with the benefit of this Deed. 2.6 No 6. 6.1 The right or entitlement to the exclusive use use, occupation and enjoyment of any part of the Land or the Estate may Development shall not be sold, assigned, mortgaged, charged, leased or otherwise dealt with separately from the Undivided Share undivided share(s) with which the same is held held, Provided Always that the provisions of this Clause Clause 6.1 shall not extend to leases or tenancies the terms of which shall not exceed ten years (including any lease or tenancyrenewal thereof) at any one time. 2.7 6.2 The Estate Common Areas and the Estate Common Facilities are deemed to be common areas and facilities for the benefit of all Owners and may, subject right to the provisions hereofexclusive use, occupation and enjoyment of any balconies, utility platforms, air-conditioning platforms, stairhoods, gardens, stairhood roofs, roofs and flat roofs and covered areas underneath the utility platforms and balconies shall not be used by each Ownersold, assigned, mortgaged, charged, leased or otherwise dealt with separately from the Residential Unit with which any such balconies, utility platforms, air-conditioning platforms, stairhoods, gardens, stairhood roofs, roofs and flat roofs and covered areas underneath the utility platforms and balconies are held.

Appears in 1 contract

Samples: Deed of Mutual Covenant

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RIGHTS AND OBLIGATIONS OF THE OWNERS. 2.1 The First Owner shall at all times hereafter subject to and with the benefit of the Government Grant Conditions and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the Second Owner All That the Estate Together with the appurtenances thereto and the entire rents and profits thereof save and except only (a) the First Assigned Premises said Property assigned to the Second Owner as aforesaid and (b) the Estate General Common Areas and Estate General Common Facilities. 2.2 The Second Owner shall at all times hereafter subject to and with the benefit of the Government Grant Conditions and this Deed have the full and exclusive right and privilege to hold, use, occupy and enjoy to the exclusion of the First Owner All That the First Assigned Premises said Property Together with the appurtenances thereto and the entire rents and profits thereof. 2.3 Each Undivided Share and the full and exclusive right and privilege to hold, use, occupy and enjoy any part of the Estate shall be held by the person or persons from time to time entitled thereto subject to and with the benefit of the easements, rights, rights of way, privileges and obligations herein contained. 2.4 The Owners shall at all times hereafter be bound by and shall observe and perform the covenants, provisions and restrictions herein contained and the benefit and burden thereof shall be annexed to every part of the Land and the Estate and the Undivided Share or Shares held therewith. The Conveyancing and Property Ordinance shall apply to this Deed. 2.5 Subject to the Government Grant Conditions and this Deed, every Owner shall have the full right and liberty without reference to the other Owners or other persons who may be interested in any other Undivided Share or Shares in any way whatsoever and without the necessity of making such other Owners or other persons a party to the transaction to sell, assign, mortgage, charge, lease, licence or otherwise dispose of or deal with his Undivided Share or Shares or interest in the Land and the Estate together with the full and exclusive right and privilege to hold, use, occupy and enjoy such part or parts of the Estate which may be held therewith but any such sale, assignment, mortgage, legal charge, lease or licence shall be expressly subject to and with the benefit of and this Deed. 2.6 No right or entitlement to the exclusive use occupation and enjoyment of any part of the Land or the Estate may be sold, assigned, mortgaged, charged, leased or otherwise dealt with separately from the Undivided Share with which the same is held Provided Always that the provisions of this Clause clause shall not extend to any lease or tenancy. 2.7 (a) The Estate Common Areas and the Estate Common Facilities are deemed to be common areas and facilities for the benefit of all Owners and may, subject to the provisions hereofhereof and of any Sub-Deed of Mutual Covenant, be used by each Owner. (b) The Residential Common Areas and the Residential Common Facilities are deemed to be common areas and facilities for the benefit of all Owners of the Residential Units and may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by each Owner of a Flat or a Villa for all purposes connected with the proper use and enjoyment of the same. (c) The Tower Common Areas and the Tower Common Facilities shall be deemed to be common areas and facilities for the benefit of all Owners of the Flats (and in so far as ACC. LIFT 3 and ACC. LIFT 9 are concerned, also for the benefit of all Owners of the Villas pursuant to Clause 3.1.1(d) hereof) which areas and facilities may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by each Owner of a Flat for all purposes connected with the proper use and enjoyment of the same. (d) The Villa Common Areas and the Villa Common Facilities shall be deemed to be common areas and facilities for the benefit of all Owners of the Villas which areas and facilities may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by each Owner of a Villa for all purposes connected with the proper use and enjoyment of the same. (e) The Villa Carpark Common Areas and the Villa Carpark Common Facilities shall be deemed to be common areas and facilities for the benefit of all Owners of the Villa Carparking Spaces and Carparking Spaces Nos.B1 and B7 on Basement and Owners of the Villas which areas and facilities may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by each Owner of a Villa Carparking Space and Carparking Spaces Nos.B1 and B7 on Basement and each Owner of a Villa for all purposes connected with the proper use and enjoyment of the same. (f) The Tower Carpark Common Areas and the Tower Carpark Common Facilities shall be deemed to be common areas and facilities for the benefit of all Owners of the Tower Carparking Spaces (other than Carparking Spaces Nos.B1 and B7 on Basement) and the Motorcycle Parking Spaces which areas and facilities may, subject to the provisions hereof and of any Sub-Deed of Mutual Covenant, be used by each Owner of a Tower Carparking Space (other than Carparking Spaces Nos.B1 and B7 on Basement) and a Motorcycle Parking Space for all purposes connected with the proper use and enjoyment of the same.

Appears in 1 contract

Samples: Deed

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