Priority in Europe
Definition of Priority
Precedence, the right to enforce a claim in preference to others. Every mortgage affecting a legal estate in land made after January 1, 1926, whether legal or equitable (not being a mortgage by deposit of documents), other than a mortgage of registered land, or of land within the jurisdiction of a local deeds registry, ranks according to its date of registration as a land charge (Law of Property Act, 1925, s. 97). Equitable claims rank in order of the time of creation. ” Where the equities are equal the law prevails” so that the bona fide purchaser of a legal estate without notice of an earlier equity takes priority over the earlier equity.
Where there are successive assignments of an equitable chose in action priorities are determined by the order in which notice is given to the person by whom the fund is distributable. This rule, known as the rule in Dearie v. Hall (q.v.), is extended by the Law of Property Act, 1925, to equitable interests in land.
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Priority in other legal encyclopedias
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Priority | Priority in the International Legal Encyclopedia. |
Priority | Priority in the American Legal Encyclopedia. |
Priority | Priority in the Asian Legal Encyclopedia. |
Priority | Priority in the UK Legal Encyclopedia. |
Priority | Priority in the Australian Legal Encyclopedia. |
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Priority | Priority in the Family Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the IP Portal of the European Encyclopedia of Law. |
Priority | Priority in the Commercial Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Criminal Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Family Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Civil Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Constitutional Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Taxation Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Banking and Finance Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Employment and Labour Portal of the European Encyclopedia of Law. |
Priority | Priority in the Injury and Tort Law Portal of the European Encyclopedia of Law. |
Priority | Priority in the Environmental Law Portal of the European Encyclopedia of Law. |
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Notice
Definition of Priority is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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URI | The URI of Priority (more about URIs) |
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