Competing equitable interests Qui prior est tempore potior est jure the first

Competing equitable interests qui prior est tempore

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8.Competing equitable interests-Qui prior est tempore potior est jure: “the first in time prevails”-The earlier title only succeeds if the two equitable interests are equalin all respects. If one has better equity to another, the time factor is immaterial.-WHAT DOES EQUAL MEAN?
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Torrens Title RELEVANT LAW - REAL PROPERTY ACT 1900- SECT 36(5) Order of registration is determined by the order of lodgment in “registrable form:” - REAL PROPERTY ACT 1900- SECT 39(9) NSW priority between competing registered interests is determined by the order of registration, not by the date of execution of the document. - REAL PROPERTY ACT 1900 - SECT 41 Dealings not effectual until recorded in Register AKA. REGISTRATION MAKES OR BREAKS - REAL PROPERTY ACT 1900 - SECT 41(1) No instrument, until registered in manner hereinbefore prescribed, shall be effectual to pass any estate or interest in any land under the provisions of this Act,” - REAL PROPERTY ACT 1900 - SECT 42 Estate of registered proprietor paramount - REAL PROPERTY ACT 1900 - SECT 42(1) (except fraud) -
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