“Do Your Homework on Road Rights Before Buying Property”


"Do Your Homework on Road Rights Before Buying Property"

"Understanding Road Use Rights to Avoid Disputes"

For homebuyers, it is important to not only consider the property itself but also understand the situation of road use rights, especially for those who own village houses. Village house ownership does not necessarily include road rights for nearby access points. Therefore, failing to investigate road rights can result in disputes after purchasing the property.


To understand road use rights, one must first comprehend what they are. In Hong Kong, road use rights refer to the portion of the road that the Highways Department authorizes owners, residents, or occupants to use and manage. Thus, road rights are not necessarily equivalent to land ownership. In the case of village house ownership, owners do not necessarily have road rights for nearby access points. As a result, owners must obtain permission from the road rights holder when using or repairing roads.


Failing to investigate road use rights before purchasing a property can lead to disputes. For example, owners may find themselves unable to freely use or repair roads, or other residents may use roads without the owner's permission, leading to disputes. These problems can not only affect the owner's comfort and usage rights but also impact the property's value and resale.


Therefore, it is important to investigate road use rights before purchasing a property. Buyers can inquire about relevant information from the Lands Department or district council, or contact the owners' association or property management company to understand local road use rights. After understanding the situation of road use rights, buyers can better evaluate the property's overall value and avoid risks associated with disputes over road rights.


Moreover, after purchasing a property, owners must properly manage road rights, including regular road maintenance and prohibiting unauthorized use, to ensure safe and smooth road use and create a good living environment for themselves and other residents.


After weighing all factors, buyers can better decide whether to purchase a property. If road use rights have disputes or conflicts, buyers can negotiate with the seller before purchasing or demand compensation, such as a price reduction. If a buyer has already purchased a property and finds road rights disputes, they can seek legal help from lawyers or the Lands Department to resolve the issue.


In conclusion, understanding road use rights is a crucial step in the homebuying process, especially for village house owners. To avoid disputes over road rights, buyers should do their homework and investigate the situation of road use rights before purchasing a property. By doing so, buyers can better protect their rights and create better living conditions for their future.

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