Priority Notice - Law Dictionary Search Results
Home Dictionary Name: priority noticePriority Notice
Priority Notice, of charge under (English) Land Charges Act, 1925. By the (English) Law of Property (Amendment) Act, 1926, s. 4, persons intending to register a charge, instrument or matter under the Land Charges Act, 1925, may give notice at the (English) Land Charges Department of the Land Registry at least two days before the registration, and the effect of the notice is to relate the date of registration of the charge, instrument or matter as provided by s. 4 if the application to register is presented within fourteen days after the date of entry of notice, and refers to the notice: thus protecting the person intending to register from incumbrances created subsequently to the notice and before application to register.A form of notice providing temporary protection for an application about to be made for first registra-tion of land at the Land Registry (see (English) Land Registration Rules, 1925); also a notice protecting the priority of an intended dealing in registered land; the ...
Priority
Priority, an antiquity of tenure in comparison with another less ancient; also that which is before another in order of time.As to priority among creditors, see (English) Admin-istration of Estates Act, 1869, reproduced by ss. 32 to 34, (English) Administration of Estates Act, 1925, and the First Sch., which provides that in the administration of the estate of any person who shall die on or after 1st January, 1870, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt.The priority in legal and equitable assignments of equitable choses in action are determined accord-ing to the date of receipt of notice by the persons who are for the time being owners of the legal interest in the property assigned. Before 1926 the notice might be verbal; after 1926 it must, for the purposes of establishing priority a...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
notice
notice 1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b : awareness of such a fact, claim, demand, or proceeding actual notice 1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice 2 : implied notice in this entry constructive notice : notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act express notice : actual notice in this entry implied notice : notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of know...
race-notice
race-notice [race from the notion of two parties rushing to the courthouse in order to be the first to record a claim or interest on the same property] : of, relating to, or being a recording act which stipulates that an unrecorded deed, mortgage, or lien shall not be valid against a recorded one unless the recording party (as a subsequent purchaser from the same seller) had notice of the interest or claim of the other party when recording compare notice, pure race NOTE: If one party purchases a property and records the deed, a subsequent purchaser is normally held to know about it — to have “constructive notice” of it — as a matter of law since it is a matter of public record. Under a race-notice statute, however, a subsequent purchaser cannot have constructive notice of an unrecorded deed, and so the recorded deed has priority unless the purchaser actually knew about — had “actual notice” of — the unrecorded deed. ...
Race-notice statute
Race-notice statute, means a recording law providing that the person who records first without notice of prior unrecorded claim, has priority, Black's Law Dictionary, 7th Edn., p. 1265....
Searches
Searches, an essential feature in the acquisition of land sine registration under the (English) Land Charges Act, 1925, in the land or local registries of any incumbrance which is required to be registered under that Act is notice (q.v.) to the purchaser and all persons connected with the land affected [see s. 198, (English) Law of Property Act, 1925, and see (English) LAND CHARGES]. Searches are necessary, not only in the Land Registry, but at the office of the local authority for local land charges. Searches may be made personally in each of the registers under the (English) Land Charges Act, 1925, but the usual practice is to apply for and obtain an official certificate of search at the Land Registry, which covers all the registers there, viz.: (1) pending ss. or lis pendens; (2) writs and orders affecting land, such as writs of execution or orders appointing a receiver, bankruptcy petitions and receiving orders; (3) deeds of arrangement; and (4) land charges under s. 10 of the (Eng...
Restrictive Covenant
Restrictive Covenant, defined by the Land Charges Act 1925, s. 10, Class D (ii.), as a covenant or agreement (not being made between lessor and lessee), restrictive of the user of the land, and see s. 20 (11), ibid. Such a covenant is in the nature of an equitable easement restricting the use or enjoyment or certain land for the benefit of other land and binding on every owner (see Law of Property Act, 1925, ss. 78 and 79) of the (servient) land having notice of the covenant, see Tulk v. Moxhay, 2 Phil 774, and Smith's L.C., Notes to Spencer's case. Upon sale of land under a building scheme, of which the restriction formed part, the purchasers of plots may enforce the covenant, see Elliston v. Reacher, (1908) 2 Ch 665; see also Drake v. Gray, (1936) 1 Ch 465; Re Union of London and Smith's Bank; Miles v. Easter, 1933 Ch 611. Under the Land Charges Act, 1925, s. 10, Class D (ii), restrictive covenants made after 31st December, 1925, must be registered as a land charge (q.v.), and under ...
priority date
priority date The priority date decides a person's turn to apply for an immigrant visa. In family immigration the priority date is the date when the petition was filed at a U.S. Citizenship and Immigration Services (USCIS) office or submitted to an Embassy or Consulate abroad. In employment immigration the priority date may be the date the labor certification application was received by the Department of Labor (DOL). Source: Department of State. March 2007. ...
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