Determining priorities in real property mortgages — when at least one of the mortgages is registered

Interests in land registered under Torrens system legislation are accorded by that legislation priority according to the time of registration, with interests registered first in time enjoying priority over those registered later in time. Generally, this order can, however, be changed through the registration of an instrument executed by the relevant interest-holders expressly altering the order of priority — after registration of this instrument the new order of priority will be expressly noted in the folio relating to the property. Also, interest-holders can make private agreements between them in relation to priorities.

This guidance note explains the key concepts and the relevant rules, and provides practice tips to aid legal practitioners when determining priorities in real property mortgages where at least one of the mortgages is registered.

See Determining priorities in real property mortgages — when at least one of the mortgages is registered.