48Dealings to be attested; order of registration; priority of dealings

48 Dealings to be attested; order of registration; priority of dealings

(1)  Every dealing lodged for registration shall –

(a) except as may otherwise be prescribed, be attested by a witness who is not a party to the dealing;

(b) be lodged singly, in duplicate, or otherwise as prescribed; and

(c) comply with the prescribed requirements.

(1A)  *[Section 48 Subsection (1A) inserted by No. 21 of 1996, s. 8 ]*A dealing or instrument is taken to be lodged with the Recorder when a record is made in a device for storing or processing information approved under section 33 (3) (b) or 143A (3) (b) .

(2)  [Section 48 Subsection (2) amended by No. 23 of 2021, s. 47, Applied:01 Jan 2022] Where two or more dealings affecting the same land are lodged for registration at the same time by the same person and are awaiting registration, the Recorder shall register the dealings in the order in which the Recorder is requested in writing to do so by the person lodging the dealings.

(3)  [Section 48 Subsection (3) amended by No. 23 of 2021, s. 47, Applied:01 Jan 2022] [Section 48 Subsection (3) amended by No. 36 of 2012, s. 16, Applied:13 Nov 2012] *[Section 48 Subsection (3) amended by No. 21 of 1996, s. 8 ]*Where two or more dealings, lodged by different persons, or lodged by the same person at different times, affect the same land, the Recorder shall, subject to subsection (4) , register them in the order which will give effect to the intentions of the parties as expressed in, or apparent to the Recorder from, the dealings.

(4)  *[Section 48 Subsection (4) amended by No. 21 of 1996, s. 8 ]*Where the intentions of the parties referred to in subsection (3) appear to the Recorder to conflict, the order of registration shall be determined in the order in which a record is made in a device for storing or processing information approved under section 33 or .