Do you have an interest in someone else’s land that you wish to protect? If you do, you may be entitled to lodge a caveat over that person’s land.
Caveats are documents lodged for the purpose of protecting property rights that do not appear as legal or registered property rights on the title.
The purpose of the caveat is to forbid the registration of any further dealing with the land to protect and preserve the estate or interest protected under the caveat.
The person lodging the Caveat is called the Caveator and the person who owns the land, the registered proprietor, is called the Caveatee. Once a caveat is lodged, the caveatee cannot, for example, sell the land without dealing with the claim of the Caveator (unless the Caveator decides to withdraw their caveat).
Examples of “caveatable interests” are as follows:
Not all interests are caveatable interests: for example, the fact that you may be owed money by someone does not mean that you have a right to lodge a caveat against that person’s property where there was no agreement (particularly in writing) linking the debt to the property.
A caveat can be removed by the caveatee by lodging an Application for Removal, whereupon the caveator has 21 days to seek a Court Order to extend the Caveat, otherwise the caveat will be removed by the Lands Titles Office.
A caveat can also be withdrawn by the caveator in circumstances where the caveatable interest has been satisfied by the Cavetee or no longer pursued by the Caveator.
At Di Rosa Lawyers, we have many years of experience and expertise in:
Do you have an interest in someone else’s land that you wish to protect? If you do, you may be entitled to lodge a caveat over that person’s land.
Caveats are documents lodged for the purpose of protecting property rights that do not appear as legal or registered property rights on the title.
The purpose of the caveat is to forbid the registration of any further dealing with the land to protect and preserve the estate or interest protected under the caveat.
The person lodging the Caveat is called the Caveator and the person who owns the land, the registered proprietor, is called the Caveatee. Once a caveat is lodged, the caveatee cannot, for example, sell the land without dealing with the claim of the Caveator (unless the Caveator decides to withdraw their caveat).
Examples of “caveatable interests” are as follows:
Not all interests are caveatable interests: for example, the fact that you may be owed money by someone does not mean that you have a right to lodge a caveat against that person’s property where there was no agreement (particularly in writing) linking the debt to the property.
A caveat can be removed by the caveatee by lodging an Application for Removal, whereupon the caveator has 21 days to seek a Court Order to extend the Caveat, otherwise the caveat will be removed by the Lands Titles Office.
A caveat can also be withdrawn by the caveator in circumstances where the caveatable interest has been satisfied by the Cavetee or no longer pursued by the Caveator.
At Di Rosa Lawyers, we have many years of experience and expertise in:
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