Principle

EQUITY AND TRUSTS – Priority of Interests – Competing Equitable Interests – First in Time Prevails

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

In disputes between competing equitable interests (where neither party has legal title), the first in time prevails. The person whose equity attached to the property first has priority. This is the equitable maxim "qui prior est tempore potior est jure" (he who is first in…

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