REGISTRATION OF DEEDS ACT 1935 - SECT 10

REGISTRATION OF DEEDS ACT 1935 - SECT 10

10—Instruments to be registered and the effect of registration

        (1)         Every deed, conveyance, or contract in writing, other than a lease for a term not exceeding three years, and every will and every judgment (other than a judgment or recognizance entered into in the name and on account of His Majesty) whereby land may be in any way affected in law or equity may be registered under this Act.

        (2)         Every such deed, conveyance, contract, or judgment shall, if executed, made, or obtained after the first of March, 1842, be fraudulent and void at law and in equity against any subsequent registered purchaser, mortgagee, or party for or upon valuable consideration unless a memorial thereof is registered under this Act before the registration of the memorial of the deed or conveyance, contract, or judgment under which the subsequent purchaser, mortgagee, or party claims.

        (3)         Every devise by will shall, if the testator died or dies after the first of March, 1842, be fraudulent and void against any subsequent registered purchaser or mortgagee for or upon valuable consideration and against any bona fide registered party having subsequent judgment unless a memorial of the will is registered in accordance with this Part.

        (4)         This section applies notwithstanding that before or at the time of the making of the subsequent deed, conveyance, or contract or of the entering or acknowledging of the subsequent judgment, the subsequent purchaser or mortgagee had notice of the prior deed, conveyance, contract, judgment, or devise.