60 Obligation affecting land
been granted shall, except in case of fraud in which the owner has
participated or colluded, hold it, subject (in addition to the
incidents implied by virtue of this Act) to the encumbrances, liens,
estates and interests that are endorsed on the certificate of title,
absolutely free from all other encumbrances, liens, estates or
interests whatsoever except the estate or interest of an owner
claiming the same land under a prior certificate of title granted
under this Act or granted under any law heretofore in force and
relating to title to real property.
(2) Such priority shall, in favour of any person in possession of
land, be computed with reference to the grant or earliest certificate
of title under which the person claiming priority or any person
through whom that person derives title has held possession.
RSA 1980 cL-5 s64;1988 c27 s29