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Part 2Land title and registration
Land title register: Instruments

35Priority of instruments

  1. An instrument must be registered or noted according to the time when it is lodged.

  2. An instrument has priority according to the time when it is lodged, not when it is executed.

  3. This section is subject to—

  4. section 36 (which relates to lodging paper instruments); and
    1. section 102 (which relates to variation of the priority of mortgages).

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