Order of registration of instruments
177 Order of registration of instruments
Instruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged.
Subsection (1) is subject to section 159.
Despite subsection (1), if an instrument (instrument 2) affecting a lot is lodged after another instrument (instrument 1) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 can not affect any interest that a person might claim under instrument 1.
Example for subsection (3)—
An instrument of easement over a lot (instrument 1) is lodged for registration. Subsequently, an instrument releasing a mortgage of the lot (instrument 2) is lodged for registration. However, the registrar has given the person who lodged instrument 1 a requisition relating to instrument 1, and instrument 1 can not yet be registered. The registrar could register instrument 2 even though instrument 1 has not been registered.
This Act’s bill:Explanatory memorandum
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