CAP. 128]
Land Registration
[1986 Ed.
Notice of unregistered instrument not to affect registered instrument.
Period within which instruments to be registered after execution.
Priority of registered charging orders and lites pendentes.
Application to lis pendens. (1839 c. 11.)
Particulars to be contained in memorial.
4.
No notice whatsoever, either actual or constructive, of any prior unregistered deed, conveyance, or other instrument in writing, or will or judgment, shall affect the priority of any such instrument as aforesaid as is duly registered.
{ Amended, 50 of 1911, Schedule)
5. All deeds, conveyances, and other instruments in writing, and wills and judgments, which are duly registered within the respective times next mentioned, that is to say, all deeds, conveyances, and other instruments in writing (except wills) which are registered within one month after the time of execution thereof respectively, and all wills which are registered within one month after the decease of every devisor respectively, and all judgments which are registered within one month after the entering up or recording thereof, shall severally be in like manner entitled to priority, and shall take effect respectively by relation to the date thereof only in the same manner as if this Ordinance had not been passed.
(Amended, 50 of 1911, Schedule, and 34 of 1978, s. 3)
5A. Notwithstanding section 3 or section 5 a charging order or lis pendens which is duly registered shall have priority from the commencement of the day following the date of its registration.
{ Added, 34 of 1978, s. 4)
6-13. [Repealed, 56 of 1980, s. 5]
REGISTRATION OF LIS PENDENS
14. The provisions of this Ordinance relating to judgments (subject to the provisions hereinafter contained) shall extend to lites pendentes within the intent and meaning of the Judgments Act 1839, and the Act of 13 and 14 Victoria, chapter 35: (10 of 1856, s. 1, incorporated. Amended, 50 of 1911, Schedule, and 20 of 1948, s. 4)
Provided that any cause or matter in the District Court which in the High Court would be a lis pendens within the meaning of the said Acts shall be deemed to be a lis pendens for the purpose of this Ordinance. (Added, 10 of 1953, s. 3)
15. The memorial of any such lis pendens shall be sufficient if it is signed by the plaintiff or person claiming to be plaintiff to the said lis pendens, and contains the names and additions of the said person and of the defendant or person whose estate is intended to be affected thereby, and the day when the bill, information, or special case was filed, and the sum of money thereby claimed or in controversy; but the said memorial shall be verified in all other respects as is provided in the case of judgments.
(10 of 1856, s. 2, incorporated. Amended, 50 of 1911, Schedule; 27 of 1937, Schedule, and 20 of 1948, s. 4)
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