§ 37 — Registration and priority of instruments

37.—(1) The Registrar must register an instrument in the following manner:(a)

where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar;

(b)

where the relevant folio is a computer folio — by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration,

except that where an instrument affects only a registered lease and no folio has been created for the land leased, it is sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease.

(2) Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar must register the instruments in the order in which the Registrar is requested in the lodgment application to do so by the person lodging the instruments.

(3) Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar must, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to the Registrar from, the instruments.

(4) Where the intentions of the parties mentioned in subsection (3) appear to the Registrar to conflict, the Registrar must register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.

(5) When instruments affecting the same estate or interest in any land have been registered, they are, despite any express, implied or constructive notice, entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.

(6) For a manual folio, the memorial must bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.

(7) For a computer folio, the memorial need not bear the signature of the Registrar but must show the date of registration and must be authenticated in such manner as the Registrar considers appropriate.

(8) Where registration has been effected under subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.

(9) The Registrar, on being satisfied that any entry in the land‑register has ceased to affect the land to which it purports to relate, may of his or her own motion cancel that entry.

—(1) The Registrar must register an instrument in the following manner:(a)

where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar;

(b)

where the relevant folio is a computer folio — by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration,

except that where an instrument affects only a registered lease and no folio has been created for the land leased, it is sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease.

(2) Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar must register the instruments in the order in which the Registrar is requested in the lodgment application to do so by the person lodging the instruments.

(3) Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar must, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to the Registrar from, the instruments.

(4) Where the intentions of the parties mentioned in subsection (3) appear to the Registrar to conflict, the Registrar must register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.

(5) When instruments affecting the same estate or interest in any land have been registered, they are, despite any express, implied or constructive notice, entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.

(6) For a manual folio, the memorial must bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.

(7) For a computer folio, the memorial need not bear the signature of the Registrar but must show the date of registration and must be authenticated in such manner as the Registrar considers appropriate.

(8) Where registration has been effected under subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.

(9) The Registrar, on being satisfied that any entry in the land‑register has ceased to affect the land to which it purports to relate, may of his or her own motion cancel that entry.