Commentary

40 Priority—cases falling outside the ambit of the rule in Dearle v Hall

CHOSES IN ACTION vol 7
| Commentary

40 Priority—cases falling outside the ambit of the rule in Dearle v Hall

| Commentary

40 Priority—cases falling outside the ambit of the rule in Dearle v Hall1

In such cases2, the order of priority of successive equitable interests is prima facie determined by the time they were each created: qui prior est tempore potior est jure (where the equities are equal the first in time prevails)3. This rule is now very much restricted by the rules as to registration4. Furthermore, the doctrine does not apply to a bona fide purchaser of a legal estate for value without notice of the prior equitable interest5. The rule

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial