TRANSFER OF LAND ACT 1958 - SECT 34 Instruments entitled to priority according to date of lodgment for registration

TRANSFER OF LAND ACT 1958 - SECT 34

S. 34(1) amended by No. 18/1989 s. 12(Sch. 1 item 61).

    (1)     Save as otherwise expressly provided every instrument lodged for registration shall be registered in the order in which and as from the time at which it is lodged for that purpose, and instruments purporting to affect the same estate or interest shall be entitled to priority as between themselves according to order of lodgment for registration and not according to the date of the instrument or any other factor.

S. 34(2) amended by Nos 18/1989 ss 8(a), 12(Sch. 1

item 62), 80/2009 s. 20, repealed by No. 42/2017 s. 18.

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S. 34(3) inserted by No. 18/1989 s. 8(b).

    (3)     If two or more instruments which affect the same land are lodged and are awaiting registration, the Registrar may register those instruments in the order which will give effect to the intentions of all the parties, as expressed in or apparent to the Registrar from those instruments.

S. 34A inserted by No. 18/1989 s. 9.