Rule 43 – Where deeds are deposited to create a lien

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(1) Where, on an application for conversion of a possessory or qualified title, a person who claims a lien by way of equitable mortgage created prior to first registration on a document in his/her possession is required by an applicant for conversion of title to produce the document at the Registry, or is required by the Authority to show cause why the document should not be produced, he/she may lodge it in the Registry subject to the lien.

(2) A person lodging a document under this rule subject to a lien created by its deposit shall lodge therewith a claim for the lien in Form 81 signed by himself/herself or his/her solicitor.

(3) The lien of a person lodging a document under this rule shall include the costs of its lodgment.

(4) No registration that may defeat or prejudice the lien shall be made until the lien, where admitted, is satisfied or provided for.