Other charges, such as zoning laws and environmental legislation, do not affect the marketing of a property, but prohibit specific uses and improvements of the country. In Hong Kong, for example, the seller of a property is legally obliged to inform the real estate agent of any charges on the property, in order to avoid subsequent problems in the sale process. The real estate agent makes available to the buyer a ground search document containing a list of all charges. Among the advantages of a negative promise are its flexibility and the ease with which it can be incorporated into any financing agreement. Contrary to a security interest, there is no need to comply with local laws in terms of form, content, or deposit/registration. The disadvantages of a negative pledge result from the fact that it is not a recognized interest or right of pledge. While negative commitments in disputes against third parties have not been good (they still constitute a right of infringement against the debtor himself), lenders use them as a means of tarnishing the asset title and, normally, a serious lender or buyer would not make a transaction with a debtor/seller in breach of a well-known negative promise, for fear of possible lengthy litigation. If one wants to use a negative pledge, an essential factor is the knowledge of the third party. In order to offer the best chances of success to a subsequent third party, the existence of the negative pledge should be made public by filing/registering a notification on the existence of the negative pledge at the relevant UCC registration points for negative pledges relating to personal property and in the land registers applicable to negative pledges relating to immovable property. However, as stated above, such a registration communication also does not guarantee the success of the secured creditor vis-à-vis subsequent third parties. Intervention occurs when a party who does not own the land enters or intervenes in the land, for example. B by building a fence above the land line (an intrusion) or by planting a tree with branches hanging on adjacent land (a nuisance). An intervention creates a burden for both plots of land until the problem is resolved: the land that houses the intervention has weighed on its free use, while the owner of the penetrating improvement has no ownership of the land on which it is built.
. . .