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Book 3 · Law of property  ›  Division 2 · General provisions on rights in land › Section 881

Reservation of priority

(1) In encumbering the plot of land by a right, the owner may reserve the power to have another right of a defined scope registered with priority before that right.

(2) The reservation requires an entry in the Land Registry; the entry must be made under the right that is to take lower priority.

(3) If the plot of land is alienated, the reserved power devolves to the acquirer.

(4) If, before the entry of the right which is given priority, the plot of land has been encumbered by a right without such a reservation, the priority has no effect to the extent that the right entered subject to the reservation would, as a result of the encumbrance effected in the interim period, suffer an impairment exceeding the reservation.

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