Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Instruments—registration and priority

    (1)     The registrar-general shall register an instrument lodged in registrable form.

    (2)     The registrar-general may require a specified class of instruments to be lodged in duplicate.

    (3)     An instrument lodged, other than—

        (a)     an order of the court; or

        (b)     a grant; or

        (c)     a memorandum of provisions; or

        (d)     a notice of determination or memorandum of discharge under the Rates and Land Rent (Relief) Act 1970


shall be attested by a witness.

Note     The execution of an instrument lodged for registration by a legal practitioner or mortgagee corporation is not required to be witnessed because certification for the instrument is given (see s 48BD and E-Conveyancing Law, s 11).

    (4)     Subject to subsection (5), instruments lodged for registration shall be registered in the order of time in which they are lodged in registrable form.

    (5)     Where a person lodges 2 or more instruments that affect the same land immediately one after the other, the registrar-general may register the instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent from, those instruments.

    (6)     Where 2 or more instruments are registered in respect of, or affecting, the same interest in land, the instruments shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time of registration.

    (7)     When an instrument is registered, the registrar-general shall enter a record of that instrument in the register.

    (8)     On registration, an instrument, other than a memorandum of provisions or a caveat, shall be taken to be part of the register and shall have the effect of a deed duly executed by the parties.

    (9)     In this section:

"instrument" includes a caveat.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback