Date, Time and Order of Registration

General

By virtue of section 36, the date of application for registration is the date an entry is made for the application in the application record. Section 37 makes provision for the date and time of registration.

In terms of section 37(1), if the application is accepted for registration then the date of application becomes the date of registration. 'Accepted for registration' in this context means completion of the registration process.

The time of registration in the course of that day is deemed to be the moment at which the application record next closes.

Order in Which Applications for Same Land to be Dealt With

Section 39 makes provision for the order in which applications relating to the same land are to be dealt with by the Keeper.

Section 39(1) sets out the general rule that applications for registration relating to the same land are to be dealt with (that is, examined and the conditions of registration and other rules of examination applied) in the order of their receipt.

Section 39(2) defines the order of receipt to be the order in which the details of the application were entered in the application record, unless there is evidence to the contrary.

Where applications are received on different days then they are dealt with in order of receipt, but the provisions concerning advance notices may be relevant to decisions concerning the registration of the later application(s) and whether the register requires amendment.

Note that the general rule does not affect the ranking of two standard securities presented on the same day. If the Keeper can accept both applications, they will rank pari passu unless one is protected by an advance notice and one is not.

Sections 39(4) - (8) contain special rules for three scenarios involving applications presented on the same day

Scenarios Where the General Rule Does Not Apply

Sections 39(4) - (8) contain special rules for three scenarios involving applications presented on the same day

There are three situations involving multiple applications for the same land received on the same date, for which special provision is made in section 39:

where one application is to give effect to the other (typically disposition to A and standard security by A, but could be disposition to A and disposition by A) (explained at Scenario 1 below);
where acceptance of one application would necessitate rejection of the other and there are one or more advance notices to consider (explained at Scenario 2);
where one application is for voluntary registration and the other application is for registration of a deed (explained at Scenario 3).

Guidance on each of these scenarios is set out below:

Scenario 1 - typically disposition and standard security by disponee - deeds consistent - s.39(6) and (8)

Scenario 1 applies where one application gives effect to a deed granted by the disponee in the other application - section 39(6) and (8).

For example, two applications received on the same day are for registration of a disposition (application A) and a standard security (application B). The standard security (application B) is granted by the disponee in the disposition (application A). The deeds are consistent with each other and acceptance of the disposition would not require rejection of the standard security.

Section 39(6) and (8) requires that the Keeper must deal with application A before application B.

Another example of this would be applications for registration of (1) a disposition by A to B and (2) a disposition by B to C; if received on the same day section 39(6) and (8) would apply to permit the disposition by A to B to be dealt with first.

Scenario 2 - deeds 'compete' - which application must be processed as received first - s.39(4) and (5)

Scenario 2 applies where two competing applications are made on the same day and to accept one of the applications the other must be rejected.

For example, two applications (Applications A and B) received on the same day, both applying for registration of a disposition in relation to the same land.

Section 39(4) and (5) requires that before applying the general rule the registration officer must consider whether or not the dispositions are protected by an advance notice.

If the disposition in application B is protected by an advance notice and the disposition in application A is not, then application B is dealt with before application A. (A deed is only protected by an advance notice if received for registration within the 35 day protected period).

If both dispositions are protected by advance notices and the protected period for application B began before the protected period for application A then application B must be dealt with before application A.

Scenario 3 - one application for VR and one for registration of a deed - which dealt with first - s.39(7) and (8)

Officers should note that Scenario 1 cannot apply to this situation because in Scenario 1 neither application can be for voluntary registration. Section 39(7) and (8) provides that where two applications are received on the same day, one for voluntary registration under section 27 (application A) and one for registration of a registrable deed under section 21 (application B) then, in all cases, the application for voluntary registration (application A) must be dealt with first.

This may result in application B for registration of a deed being rejected if the existence and registration of application A has an adverse effect on the validity of the deed in application B.

The general rule

The general rule applies to treatment of two competing applications received on the same day where none of the special features dealt with in the three scenarios apply. For example, the applications undergoing examination may consist of two competing dispositions: acceptance of one requires rejection of the other and no advance notices exist for either deed. In accordance with the general rule in Section 39(1) and (2), the registration officer will require to assess which application was entered on the application record first using the available information from the LRS movement history of the applications (they should not rely on the title number as evidence of timing of entry on the application record).

The registration officer should refer if they are in any doubt.

Guidance Note

Where a registration officer identifies a situation where two applications are submitted on the same day, but the guidance on this page or in advance notice scenarios does not answer their query or they are unsure how the guidance should be applied in their cases, they should refer the applications to their referral officer who may consult a senior caseworker.