Article 8 Priority of concurrent applications for official searches with priority and concurrent official certificates of searches with priority

Where two or more official certificates of search with priority relating to the same land or the same charge have been issued and are in operation pursuant to these rules, such certificates shall, as far as relates to the priority thereby conferred take effect unless the applicants otherwise agree, in the order in which the applications for official search with priority were deemed to have been delivered.

Where two or more applications for official search with priority relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search with priority shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.

Where one transaction is dependent upon another the registrar may for the purposes of this rule assume (unless or until the contrary appears) that applicants for search with priority have agreed that their applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting their transactions.

Where an official search with priority has been made in respect of a particular registered title and an application relating to that title is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of the delivery of the application shall be deemed to be within that priority period.

Where an official search with priority has been made in respect of a particular pending first registration application and a subsequent application relating to any land which is subject to the pending first registration application, or was so subject before completion of the registration of that land, is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of delivery of that subsequent application shall be deemed to be within that priority period.