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LAND TITLE ACT 1994 - SECT 177
Order of registration of instruments
177 Order of registration of instruments
(1) Instruments affecting a lot, including instruments affecting or creating
an interest in the lot, must be registered in the order in which they are
lodged.
(2) Subsection (1) is subject to section 159 .
(3) Despite
subsection (1) , if an instrument (
"instrument 2" ) affecting a lot is lodged after another instrument (
"instrument 1" ) affecting the lot, instrument 2 may be registered before
instrument 1 if the registration of instrument 2 can not affect any interest
that a person might claim under instrument 1. Example for subsection (3)—
An instrument of easement over a lot (
"instrument 1" ) is lodged for registration. Subsequently, an instrument
releasing a mortgage of the lot (
"instrument 2" ) is lodged for registration. However, the registrar has given
the person who lodged instrument 1 a requisition relating to instrument 1, and
instrument 1 can not yet be registered. The registrar could register
instrument 2 even though instrument 1 has not been registered.
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