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Posted Thu, 21 Mar 2024 12:11:53 GMT by Adam Hookway
When I ask for my application to be expedited as there is an urgency involved I am sometimes told that there are prior applications with priority over mine
What does that actually mean as my application is urgent and maybe their's can wait.
Posted Thu, 21 Mar 2024 12:21:48 GMT by Adam Hookway
When we use the term priority we are not referring to an application's urgency or how important it is to us or you
Priority relates to the order in which applications are submitted against the same title number(s) and as a result create an order in which they must be considered/processed - this is the 'priority order' 

The order in which applications against the same title(s) are submitted is a very basic tenet on which both we and conveyancers/lenders rely to enable transactions to exchange and complete in the right order and at the right time.
It allows us to ensure that:

  • we process applications in priority order; and

  • do not overlook other applications against the same title(s) lodged with us 

On most title(s) this priority order does not impact as you are dealing with a clear title, so one where there aren't any other applications still pending. However on new developments the seller's title will invariably be a very busy one often with plot sales/purchases spanning over months/years. As a result a developer's title can get very busy and the priority order can and does have a big impact.

For example an application to update the developer's title re a new sub station or specific rights/easements and more must be registered early on in the process as all the later plot sales need to benefit from and be subject to (if appropriate) those rights. The sub station application has to have priority over the later plot sales so if that stalls then those later, and perhaps urgent applications have to wait. 

Expedition is not a magic wand and does not waive the complex registration requirements that exist especially on large developments. Expedition can and does fast track a very large number of urgent applications and they are processed within the 10 days quoted. But if there are issues with the application and/or priority issues as well then they override any 10 days quoted as that time is largely getting the application from waiting to the processing start line. Nothing more than that.
Posted Thu, 21 Mar 2024 12:36:40 GMT by Adam Hookway
So if you are informed that prior applications are pending and they have priority over your one then it's nothing to do with urgency or need. It's all about the priority order in which applications against the same title(s) need to be processed to safeguard the integrity of the register and ensure that competing and protected interests are recognised and dealt with properly.
We do care about urgent applications and do fast-track them where we possibly can but expedition is not always the magic 10 day wand many expect or hope for as priority as we know it will always trump the need for speed

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