What is a caveat?
A caveat is a notice to the Registrar, which is placed on the title of a property. The property cannot be sold unless the caveat is removed.
What are the different types of caveats?
There can be caveats made with the consent of the owner or caveats that are placed on a property by a party that has a legal right to the assets. Call us for more details and we can make an appointment to discuss your particular circumstances.
Why would you lodge a caveat?
If you have an estate or interest in land through which registration of another dealing cannot protect, you may consider lodging a caveat to protect your legal position. This is known as a caveatable interest. You must ensure that you have a genuine legal interest at the time you are lodging the caveat.
What happens after a caveat is lodged?
Once the Registrar accepts the caveat, the Registrar must give written notice of the lodgement of the caveat to the registered owner of the property. Once the registered owner has been provided with notice of the caveat, the registered owner is entitled to serve a notice on the person who lodged the caveat requiring them to commence court proceedings to establish the interest claimed under the caveat.
How is a caveat withdrawn?
The person (caveator) who lodged the caveat at any time may withdraw the caveat. A request must be signed and lodged with the Registrar.
A caveat, which has been lodged without the consent of the registered owner, will lapse under certain circumstances. Please contact us immediatley if a caveat has bene placed on your property.
How can a caveat be removed?
The registered owner may apply to the Supreme Court for an order to remove the caveat. Also a notice may be served on the caveator and if proceedings are commence they caveat may be removed. Please contact us for specific advice.
