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Section 48: Priority of Land Instruments by Registration Date

48.Instruments entitled to priority according to date of registration

(1)Every instrument, excepting a transfer, presented for registration may be in duplicate and shall be registered in the order of and as from the time at which the instrument is produced for that purpose, and instruments purporting to affect the same estate or interest shall, notwithstanding any actual or constructive notice, be entitled to priority as between themselves according to the date of registration and not according to the date of the instrument.

(2)Upon the registration of any instrument not in duplicate, the Registrar shall file and retain it in the office of titles, and upon the registration of any instrument in duplicate, the Registrar shall file one original and shall deliver the other, hereafter called the duplicate, to the person entitled to it.

Plain English Summary

When you register a document affecting land (except a transfer), the order of registration determines who has priority over the same piece of land. Ev...

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