Land Titles Act 1993 · 2020 Revised Edition · Part 5 · Effect of Registration
49. Priority of unregistered interests
Feedback & supportExcept in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Knowledge of the existence of an unregistered interest which has not been protected by a caveat is not of itself imputed as fraud.
For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act has the same effect as the entry, on the date of such lodgment, of a caveat protecting the interest claimed under that instrument.
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;
Nothing in this section otherwise gives to any unregistered interest any greater effect than it may have under the instrument by which it was created.
Any priority conferred by this section on an unregistered interest is lost if the caveat or other instrument in respect of which it is claimed lapses, or is withdrawn, or is otherwise disposed of.