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In forceAmended2020 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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Amended

Last amended by an amending law of 2014.

(1)

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:

(a)

the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and

(b)

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.

(2)

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.

(3)

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mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.

Report

Part 4

Registration

Part 5

Effect of Registration

Part 6

Instruments

Part 7

Transfers

Part 8

Mortgages and Charges

Part 9

Leases

Part 10

Easements

Part 11

Transmissions

Part 12

Caveats

Part 13

Enforcement Orders and Orders of Court

Part 14

Restrictive Covenants

Part 15

Statutory Acquisition and Sale

Part 16

Powers of Attorney

Part 17

Rights and Remedies

Part 18

Searches and Certified Copies

Part 19

Miscellaneous

Schedules