Land, Property & Conveyancing

Property is the single largest asset most people will ever own. In Hong Kong—where real estate values are among the highest in the world—a property dispute or a botched conveyancing transaction can cost you millions. Whether you are buying your first home, leasing commercial premises, or locked in a bitter dispute with your management corporation, you need legal advice you can trust.

At Jal N. Karbhari, Solicitors & Notary, we provide comprehensive property law services—from the moment you sign a provisional agreement, through to completion, and beyond. We handle residential and commercial conveyancing with meticulous attention to detail, and we litigate property disputes with the tenacity required to protect your most valuable asset.

We understand the Hong Kong property market. We understand the unique legal framework governing leasehold and freehold interests, Deeds of Mutual Covenant, and the Building Management Ordinance. We also understand that for our clients, property is not just an investment—it is home.

Home Buyers & Sellers

Navigating residential conveyancing, title investigation, and stamp duty obligations.

Commercial Tenants & Landlords

Drafting, reviewing, and enforcing commercial leases.

Residential Tenants & Landlords

Resolving rent arrears, possession claims, and tenancy disputes.

Property Investors & Developers

Acquiring, selling, and managing property portfolios.

Management Corporations & Owners' Committees

Advising on Deed of Mutual Covenant interpretation, maintenance obligations, and disputes.

Banks & Financial Institutions

Advising on mortgage documentation and enforcement of security.

Individuals Facing Property Disputes

Boundary disputes, adverse possession, trespass, and nuisance.

1. Conveyancing (Residential & Commercial)

Conveyancing is the legal process of transferring ownership of property from one party to another. In Hong Kong, this process is governed by strict rules, tight deadlines, and significant financial penalties for non-compliance.

We handle the entire conveyancing process, including:

Reviewing and negotiating Provisional Agreements for Sale and Purchase

Ensuring the terms are fair and protecting your position.

Title investigation

Examining the property's title deeds to identify any defects, encumbrances, or restrictive covenants that could affect your ownership.

Drafting and approving the Formal Agreement for Sale and Purchase

The binding contract between buyer and seller.

Carrying out all necessary searches

including Land Registry searches, building plans searches, and government leases.

Calculating and advising on stamp duty

including Buyer's Stamp Duty (BSD), New Residential Stamp Duty (NRSD), and Special Stamp Duty (SSD) where applicable.

Arranging mortgage documentation and advising on loan agreements.

Managing the completion process

including the assignment, mortgage deed, and payment of purchase price.

Registration

Ensuring the assignment and mortgage are properly registered at the Land Registry.

We act for both buyers and sellers, ensuring that your interests are protected at every stage of the transaction. We identify problems early—before they become costly disputes—and we push for completion on time, every time.

2. Deed of Mutual Covenant (DMC) Review & Interpretation

The Deed of Mutual Covenant is the foundational document governing the rights and obligations of all owners in a multi-storey building in Hong Kong. It sets out:

The common areas and facilities.

Management and maintenance obligations.

The basis for calculating management fees.

Restrictions on use (e.g., no commercial use, no pets, no short-term rentals).

Alteration rights (e.g., can you install air conditioning on the external wall?).

We advise owners, management corporations, and committees on:

Reviewing DMCs before purchase to identify any onerous or unusual provisions.

Interpreting ambiguous DMC provisions – what do they actually mean? Can the management corporation enforce them?

Disputes over DMC compliance – including unauthorized alterations, noise complaints, and breaches of use restrictions.

Amending DMCs – the legal process for changing the DMC (often requiring unanimous consent or a court application).

3. Tenancy & Lease Disputes (Residential & Commercial)

Whether you are a landlord seeking to evict a non-paying tenant or a tenant facing an unfair eviction, we provide robust advice and representation.

We handle:

Drafting and reviewing tenancy agreements – ensuring they are legally compliant and protect your interests.

Rent arrears recovery – pursuing outstanding rent through the courts.

Possession claims – evicting tenants who refuse to vacate or who have breached the tenancy agreement.

Tenant rights – advising on security of tenure, illegal evictions, and deposit disputes.

Lease renewal disputes – particularly in the commercial context, where renewal rights are often governed by complex statutory provisions.

Alteration disputes – tenants who make unauthorised alterations to the premises.

Dilapidations claims – recovering costs for damage to the premises at the end of the lease.

We understand that time is critical in tenancy disputes. We act swiftly to secure possession orders, injunctions, and other urgent relief.

4. Property & Land Disputes

When property disputes escalate, you need a litigator who understands the unique complexities of Hong Kong real estate law. We handle:

Breach of contract claims

related to property sales and purchases.

Specific Performance claims

compelling the other party to complete a property transaction.

Misrepresentation claims

where the seller has misrepresented the property's condition, size, or title.

Boundary disputes

disagreements between neighbours over property boundaries.

Adverse possession

claims to obtain title to land through long-term occupation.

Trespass and nuisance claims

interfering with your use and enjoyment of your property.

Management corporation disputes

disagreements over management fees, maintenance obligations, and committee decisions.

Building management disputes

including disputes over repairs, maintenance, and common areas.

We are seasoned litigators. We take cases to trial when necessary, but we also recognize that property disputes are often deeply personal. We pursue negotiated outcomes where possible, and we litigate relentlessly when we must.

5. New Development Projects & Pre-Sale Purchases

Purchasing a property off-plan (before it is built) carries unique risks. We guide buyers through the entire process:

Reviewing the sale and purchase agreement, identifying hidden risks and onerous terms.

Advising on payment schedules and the risk of default.

Monitoring the project's progress – assessing whether the developer is on track.

Handling the final assignment and mortgage documentation upon completion.

We also act for developers in drafting and marketing new developments, ensuring compliance with the Residential Properties (First-hand Sales) Ordinance and other regulatory requirements.

Whether you are buying your first home, leasing commercial premises, or fighting a property dispute, you need a solicitor who understands the complexities of Hong Kong property law and the high stakes involved. We provide the legal expertise, commercial pragmatism, and unwavering advocacy you need to protect your interests.

Contact Jal N. Karbhari, Solicitors & Notary today for a confidential consultation on any land, property, or conveyancing matter.

Call us: +(852) 2367 7577

Email us: inquiries@karbharilaw.com

Visit us

Rooms 703-705, 7/F, Cheung Lee Commercial Building, No. 25 Kimberley Road, Tsim Sha Tsui, Hong Kong