Different states have different approaches to lodging a caveat. Here we’ll discuss Western Australia’s approach to completing one.
What is a caveat?
A caveat is essentially a notice placed on the title which prevents any person from selling or dealing with the property.
What is a caveatable interest?
Any person who has a legal or equitable interest (a ‘caveatable interest’) in the land can lodge a caveat. A person may have a caveatable interest if they were a purchaser of the land under a contract of sale, benefit from an easement on the land, or have an unregistered interest in the land.
For example, a caveatable interest may be established if you contributed towards the purchase and mortgage repayments of a property despite your name not being registered on the title.
Other grounds that establish caveatable interests can be found here.
Ultimately, lodging a caveat without proper grounds entitles the registered proprietor to compensation to remedy any loss caused by the caveat. This may be significant in circumstances where improper lodgement causes a delay in the sale of a property.
Types of caveats
There are three types of caveats that may be lodged:
- Absolute Caveat, which prevents any interest from being registered
- Subject-to-Claim caveat, which prevents any interest from being registered unless the interest being registered is subject to the interest indicated in the caveat
- Notice caveat, which prevents any interest from being registered until after notice of the intended registration is given to the caveator
What is required to lodge a caveat?
Landgate is Western Australia’s land information authority. Landgate has provided a list of items that are required to lodge a caveat:
- Title Search (recommended) – used to complete the caveat form
- Caveat forms
- Verification of Identification statement
- Copy of any evidence to support the caveat claim
- Registration fees payable to Landgate, currently approximately $187.60
Failure to provide sufficient evidence for the lodgement will result in a “null and void” caveat.
Removing a caveat
Once a caveat is lodged the registered proprietor may make an application through Landgate for the removal of the caveat. Failure to respond to the removal notice within 21 days will cause the caveat to lapse.
Contact W Legal Group
Reach out to us at hello@wlegalgroup.com.au or call us at +61 3 9590 618 if you require support in lodging a caveat or to discuss whether you have a caveatable interest.
