The process of lodging a caveat is not difficult, but it’s important to understand whether there is a valid interest in the property which the caveat seeks to protect.
A caveat is a legal notice which can prevent any dealings with a property without the consent of the caveat holder. You can register a caveat registered against a property in which you have a legal caveatable interest.
For instance, a person with a claim against a landowner that is unrelated to the landowner’s property may not have a caveatable interest. This is because a dispute with a person is not grounds for lodging a caveat over that person’s property.
Some examples of where you may have a caveatable interest are:
- You have signed a contract of sale or lease
- You loaned funds, and the loan agreement gives you the right to charge the land
- You have financially contributed towards a property purchase, but your name is not registered on the title
- You have signed an agreement that gives you priority in purchasing the property
Lodging a Caveat
You can lodge the caveat personally or request your lawyer to lodge it on your behalf.
The process of registering a caveat in Tasmania is paper based. Paper forms in the approved format (being the original Caveat Form and a complete Lodgement Form) are completed and lodged in person at the Tasmania Land Registry, together with the relevant fees.
The forms may be found on Tasmanian Online Land Dealings.
Removing a Caveat
In Tasmania, a caveat is removed by consent between the landowner and the caveator.
There are instances where a caveat can be removed through legal proceedings. Under the Land Titles Act 1980 (Tas), the landowner affected by the caveat can apply to the Supreme Court for its removal. It is the responsibility of the caveator to give reasons why the caveat should remain on the property title.
Alternatively, the affected landowner can apply to the Land Titles Office for a notice to be issued to the caveator stating that the caveat will be cancelled in 28 days from the notice. The caveator may apply to the Supreme Court to explain why the caveat should remain on the property title.
W Legal Group can help
If you are seeking advice on to lodge a caveat, or how to remove one from or your property, contact us at W Legal Group. Our friendly team will be happy to assist you.