Priority of instruments
56 Priority of instruments
Instruments must be registered or recorded in the order in which they are presented to the Registrar‑General for registration or recording.
Instruments registered or recorded in respect of or affecting the same estate or interest in land are entitled (despite any express, implied or constructive notice) to priority according to the time of registration or recording.
However, if 2 or more instruments dealing with or affecting the same estate or interest in land have been presented for registration or recording at the same time, the Registrar‑General may register or record those instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent to the
Registrar‑General from, the instruments.
Subsections (1),
operate subject to Part 13A.
The
Registrar‑General may, on application in the appropriate form, vary the order of priority between 2 or more registered mortgages or encumbrances.
An application under subsection (5)—
must be made, with the consent of the mortgagor or encumbrancer, by every holder of a mortgage or encumbrance that is to have its order of priority varied; and
if a registered mortgage or encumbrance is, by virtue of the proposed variation of order of priority, to be postponed to a mortgage or encumbrance over which it has had priority—must be made with the consent of the holder of the mortgage or encumbrance that is to be postponed.
The
Registrar‑General must record a variation of an order of priority under subsection (5) on the certificate of title affected by the mortgages or encumbrances.
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