Commentary

35 Priority between charges of unregistered land

COMPANIES vol 10(2) borrowing and debentures

35 Priority between charges of unregistered land

3: PRIORITIES BETWEEN CHARGES

35 Priority between charges of unregistered land

In the case of unregistered land, a mortgage (whether legal or equitable) of the legal estate protected by the deposit of title deeds generally ranks in priority according to the date of its creation1. The priority of mortgages of the legal estate unprotected by the deposit of title deeds is governed by their registration (or not) as land charges2.

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