Commentary

37 Priority between registered and unregistered charges of registered land

COMPANIES vol 10(2) borrowing and debentures
| Commentary

37 Priority between registered and unregistered charges of registered land

| Commentary

37 Priority between registered and unregistered charges of registered land

The basic rule is that the priority of an interest affecting a registered estate is not affected by a disposition of the estate and it makes no difference whether the interest or disposition is registered1. However, if a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration2. For

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