Land Titles Act 1993 · 2020 Revised Edition · Part 4 · Registration
37. Registration and priority of instruments
Feedback & supportThe Registrar must register an instrument in the following manner:
where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar;
where the relevant folio is a computer folio — by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration,except that where an instrument affects only a registered lease and no folio has been created for the land leased, it is sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease.
Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar must register the instruments in the order in which the Registrar is requested in the lodgment application to do so by the person lodging the instruments.
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;
Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar must, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to the Registrar from, the instruments.
Where the intentions of the parties mentioned in subsection (3) appear to the Registrar to conflict, the Registrar must register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.
When instruments affecting the same estate or interest in any land have been registered, they are, despite any express, implied or constructive notice, entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
For a manual folio, the memorial must bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.
manual folio
“manual folio” means a folio maintained by the Registrar wholly in the form of a document in writing;
For a computer folio, the memorial need not bear the signature of the Registrar but must show the date of registration and must be authenticated in such manner as the Registrar considers appropriate.
Where registration has been effected under subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
The Registrar, on being satisfied that any entry in the land‑register has ceased to affect the land to which it purports to relate, may of his or her own motion cancel that entry.
land‑register
“land‑register” means the land‑register that is maintained under section 28;