National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Procedure generally
300. Instruments to be dealt with in order of presentation
Feedback & supportThe Registrar shall not register, reject or suspend any instrument until—
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
every instrument presented prior thereto, and affecting the same land or interest, has been either registered, rejected or withdrawn; and
he has given effect to, or rejected, any prior application under Chapter 7 for the endorsement on the same register document of title of any tenancy exempt from registration.
Where, by virtue of subsection 292(2), two or more instruments affecting the same land or interest are to be taken as having been presented at the same moment of time, they shall be treated for the purposes of this section as having been presented in such order as the Registrar may determine, being the order which, in his opinion, will best give effect to the intention of the parties.
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
308