sec.177Order of registration of instruments

### sec.177 Order of registration of instruments 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. Subsection (1) is subject to section 159 . 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. 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. s 177 sub 1997 No. 28 s 295 sch 3 (sec.177-ssec.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. (sec.177-ssec.2) Subsection (1) is subject to section 159 . (sec.177-ssec.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. 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.