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In which of the following cases, a prior encumbrancer loses his right of priority over the subsequent encumbrancer:
Fraud, misrepresentation and gross neglect.
Where the priority is barred by estoppel
Advances made to save a mortgaged property form loss or destruction.
All of the above.
- Fraud, misrepresentation, and gross neglect: A prior encumbrancer may lose their priority if any of these factors mislead the subsequent encumbrancer or harm their interests.
- Where the priority is barred by estoppel: If a prior encumbrancer's actions or inactions cause the subsequent encumbrancer to rely on their priority, they may lose their right to claim priority later on.
- Advances made to save a mortgaged property from loss or destruction: Priority can be shifted if subsequent advances protect the property’s value and the prior encumbrancer fails to take necessary actions.
- All of the above: All these scenarios can lead to a prior encumbrancer losing their priority in favor of a subsequent encumbrancer.
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