priority of time

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When there are two or more competing equitable interests, the equitable maxim qui prior est tempore potior est jure (he who is earlier in time is stronger in law) applies. This means that the first in time prevails over the others. For example, where a property is subject to two mortgages, the one granted first has priority (see priority of mortgages). However, the priority can be affected by the existence of a purchaser for value without notice, fraud, estoppel, gross negligence, registration, and overreaching.

Subjects: Law.

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