A mortgage was executed on 18 March 2026 and registered at the Land Registry on 9 April 2026. Under the Land Registration Ordinance, from what date does it take priority?
Answer: 18 March 2026, the date of execution. Working: Registration on 9 April 2026 came 22 days after execution on 18 March 2026, inside the one-month window, so priority runs from the date of the instrument. Why not the others: - 9 April 2026: Priority runs from the date of registration only where an instrument is registered more than one month after execution. - 10 April 2026: Priority from the day after registration applies to charging orders and lis pendens under section 5A, not to a mortgage. - 18 April 2026: One month after execution marks the end of the window for registering; it is not a date from which priority runs. Rule: An instrument registered within one month after its execution takes priority from its date of execution; one registered later takes priority from its date of registration. Charging orders and lis pendens take priority from the day after registration. Source: Land Registration Ordinance (Cap. 128), sections 3, 5 and 5A; EAA, A Study Guide to Estate Agency Law and Practice, Part 4; as at Oct 2026
Assuming a registered mortgage always takes priority from its registration date.
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Start practising →An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.