Lodgment of priority notices
74T Lodgment of priority notices
A person who intends to lodge a dealing to give effect to an entitlement to a legal or equitable estate or interest in land claimed by the person may lodge a priority notice with the Registrar-General with respect to the proposed dealing and any associated dealings (for example, a mortgage created over land that has been sold).
A priority notice must be in the approved form and lodged in the manner approved by the Registrar-General.
A person who has lodged a priority notice with respect to a proposed dealing cannot lodge another priority notice with respect to the same dealing unless all previous notices with respect to that dealing are withdrawn or have otherwise ceased to have effect.
Note.
Previous priority notices may be withdrawn for the purposes of this subsection at the same time that the new priority notice is lodged.
If a priority notice is in the approved form, the Registrar-General may accept lodgment of the priority notice as sufficient evidence that the person who lodged the priority notice, or who had the priority notice lodged on the person’s behalf, is entitled to lodge the priority notice.
Without limiting subsection (4), the Registrar-General may require a person who lodges a priority notice to provide, within a reasonable period specified by the Registrar-General, such evidence as the Registrar-General may require relating to the person’s entitlement to lodge the notice or the intended timing for the lodgment of a dealing to which the notice relates.
Note.
The Registrar-General may remove a recording of a priority notice under section 74X (2) if evidence that is required under this subsection is not provided.
The Registrar-General is not required to give any person notice of the lodgment or recording in the Register of a priority notice.
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