Land Titles Act 1993 · 2020 Revised Edition · Part 5 · Effect of Registration
48. Priority determined by order of registration
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Except as provided in subsection (2) and section 27(6), 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‑register
“land‑register” means the land‑register that is maintained under section 28;
Where an instrument was materially amended for compliance with the Registrar’s requirements, the priority of that instrument is determined by reference to the date of its rectification and acceptance as being in order for registration in the Land Titles Registry.
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;
Interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds.
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
Any interest registered or notified in the land‑register may, by an instrument of postponement in the approved 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 except that no person holding any registered or notified interest is bound by such postponement unless the person is a party or has consented thereto.
An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.
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;