Caveats are regularly used in business and property transactions as a form of security for performance of a legal obligation. They can be a powerful tool in the hand of the caveator, but restricting for an owner of land affected by it.
There are strict legal principles governing whether a promise or a situation could give rise to a caveatable interest in land. A person who registers a caveat over someone’s property without sufficient cause could be ordered to pay compensation to the property owner.
If you are wondering about whether you could legitimately register a caveat over someone’s property, our experienced property lawyers can advise you on whether your circumstances are sufficient to support caveat registration. If so, we will prepare on your behalf a caveat and a supporting statutory declaration to ensure that the correct interest is described.
If there is a caveat over your property and you wish to have it removed because there is no reason for it to be registered in the first place, or the caveator’s interest has lapsed, our property lawyers are experienced in applying to Landgate or if necessary, the Supreme Court for removal of caveat.
If you had previously registered a caveat over someone’s property and you have received a Supreme Court Summons for removal of the caveat, or a notice from Landgate stating that your caveat would lapse within 21 days, seek legal advice promptly to prevent the caveat from being removed by lapse of time. Our property lawyers can advise you as to what options you may have to either extend your caveat, or prevent the land owner from selling the property, in order to preserve your security interest.
Landgate has 2 fact sheets that owners and caveators may find useful:
Our experienced property lawyers will be able to guide you through this complex area of law.