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58 Pages Complete Study Notes Year: Pre-2021

Property Law B Old System Title and Priorities Priorities deals with reconciling the conflict created when separate documents (or courses of conduct) give rise to separate, albeit concurrent, interests in land being created. These interests can be either legal or equitable. Conflicts can be between: 1. 2. 3. 4. Two competing legal interests. Two competing equitable interests. A prior legal interest and a subsequent equitable interest. A prior equitable interest and a subsequent legal interest. Rules relating to priorities are affected by a combination of common law principles and statute, namely s 184G of the Conveyancing Act 1919 (affecting Old System title) and the Real Property Act 1900 (affecting Torrens title). 1: Two competing Legal Interests    This priority dispute is regulated by the principle nemo dat quod non habet:


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