South Australian Current Acts South Australian Current Acts56—Priority of instruments
(1) Instruments must
be registered or recorded in the order in which they are presented to the
Registrar-General for registration or recording.
(2) Instruments
registered or recorded in respect of or affecting the same estate or interest
in land are entitled (despite any express, implied or constructive notice) to
priority according to the time of registration or recording.
(3) However, if 2 or
more instruments dealing with or affecting the same estate or interest in land
have been presented for registration or recording at the same time, the
Registrar-General may register or record those instruments in the order that
will give effect to the intentions of the parties as expressed in, or apparent
to the Registrar-General from, the instruments.
(4)
Subsections (1), (2) and (3) operate subject to Part 13A.
(5) The
Registrar-General may, on application in the appropriate form, vary the order
of priority between 2 or more registered mortgages or encumbrances.
(6) An application
under subsection (5)—
(a) must
be made, with the consent of the mortgagor or encumbrancer, by every holder of
a mortgage or encumbrance that is to have its order of priority varied; and
(b) if a
registered mortgage or encumbrance is, by virtue of the proposed variation of
order of priority, to be postponed to a mortgage or encumbrance over which it
has had priority—must be made with the consent of the holder of the
mortgage or encumbrance that is to be postponed.
(7) The
Registrar-General must record a variation of an order of priority under
subsection (5) on the certificate of title affected by the mortgages or
encumbrances.