Part 3Dispositions of registered land

Effect of dispositions on priority

30 Effect of registered dispositions: charges

1

If a registrable disposition of a registered charge is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the charge immediately before the disposition whose priority is not protected at the time of registration.

2

For the purposes of subsection (1), the priority of an interest is protected—

a

in any case, if the interest—

i

is a registered charge or the subject of a notice in the register,

ii

falls within any of the paragraphs of Schedule 3, or

iii

appears from the register to be excepted from the effect of registration, and

b

in the case of a disposition of a charge which relates to a leasehold estate, if the burden of the interest is incident to the estate.

3

Subsection (2)(a)(ii) does not apply to an interest which has been the subject of a notice in the register at any time since the coming into force of this section.