Land Titles Act 1993 · 2020 Revised Edition · Part 3 · Initial Registration of Titles
17. Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register
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Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows:
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and
the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act 1988 and subsequently notified on the folio or folios when created) are to be determined in accordance with section 48.
Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land‑register (as the case may be), section 48(2) applies, with the necessary modifications, to the determination of its priority in accordance with this section.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.
State title
“State title” means any grant or lease issued under the State Lands Act 1920 or State Lands Ordinance 1886 and includes a Crown grant or lease issued under the Crown Lands Ordinance 1886 at any time prior to 16 September 1963;