Section 55 — Memorandum of prior encumbrances

(1)Instruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register.

(2)Failure to comply with subsection (1) does not prevent registration of the instrument unless, in the Registrar’s opinion, completion of the memorandum is necessary to indicate the order of registration of 2 or more instruments.

(3)Any error in or omission from the memorandum of prior encumbrances does not operate to invalidate the registration of an instrument.