40. Priority determined by order of registration
Feedback & supportExcept as provided in section 20(7), interests appearing in the land-register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Any interest registered or notified in the land-register may, by an instrument of postponement in the prescribed form, be postponed to any other interest so registered or notified.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Upon registration of an instrument of postponement, the interests of the parties concerned rank in priority in the order therein expressed:Provided that no person holding any registered or notified interest is bound by such postponement unless he is a party or has consented thereto.
order
“order” means an order of the Court, and includes a rule and a decree;
An instrument of postponement shall be registered by entering a memorial thereof on the appropriate folio of the land-register and upon all other registered instruments affected thereby.
An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.[36