The following will successfully typecheck:

{-# LANGUAGE DataKinds #-}
{-# LANGUAGE KindSignatures #-}
{-# LANGUAGE TypeInType #-}
{-# LANGUAGE TypeFamilies #-}

data CInst

data G (b :: ()) = G 

class C a where
  type family F a
  
class (C a) => C' a where
  type family F' a (b :: F a)

-- data CInst

instance C CInst where
  type F CInst = ()

instance C' CInst where
type F' CInst (b :: F CInst) = G b

But if the data CInst declaration is moved to where it is currently commented out, typechecking fails with this error:

Test.hs:23:18: error:
    • Expected kind ‘F CInst’, but ‘b’ has kind ‘()’
    • In the second argument of ‘F'’, namely ‘(b :: F CInst)’
      In the type instance declaration for ‘F'’
      In the instance declaration for ‘C' CInst’
   |
23 |   type F' CInst (b :: F CInst) = G b
   | 

However, the data declaration //can// be in the lower position if the kind annotation for its argument is instead written as data G (b :: F CInst) = G.

This behavior is also exhibited when G is a type family (I believe the sort of type family does not matter, but I know for sure closed and open type families).

I was using GHC 8.2.2 when I discovered this, but user erisco on #haskell confirmed for 8.2.1 as well.