Priorities and Loss of Title

Abstract This chapter explores the relativity of title and the priority rules that determine how competing property claims are resolved. It explains that property rights typically persist unless voluntarily transferred or otherwise extinguished, but in cases of competing interests, the rules governing priority apply. The chapter examines various priority rules, such as the ranking of legal and equitable interests, and the concept of ‘Equity’s darling’, where a bona fide purchaser of a legal interest takes priority over prior equitable interests. It highlights the role of conduct in determining priority, particularly with competing equitable claims. Finally, the chapter concludes with an analysis of the rule in Dearle v Hall, which establishes that priority in assignments depends on the notice given by assignees.