Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 177

177 Order of registration of instruments

(1) Instruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged.

(2) Subsection (1) is subject to section 159 .

(3) Despite subsection (1) , if an instrument (
"instrument 2" ) affecting a lot is lodged after another instrument (
"instrument 1" ) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 can not affect any interest that a person might claim under instrument 1.

Example for subsection (3)—

An instrument of easement over a lot (
"instrument 1" ) is lodged for registration. Subsequently, an instrument releasing a mortgage of the lot (
"instrument 2" ) is lodged for registration. However, the registrar has given the person who lodged instrument 1 a requisition relating to instrument 1, and instrument 1 can not yet be registered. The registrar could register instrument 2 even though instrument 1 has not been registered.