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How Long Does a Caveat Last?

How Long Does a Caveat Last?

Have you received a notice that a caveat has been lodged for your land? Read this guide to find out when it will become invalid and what the next steps for your land are.

1st March 2019

What is a Caveat?

A caveat is a statutory injunction (which is a special court order) that notifies a party’s interest in your land & effectively restricts any other party from registering any conflicting interest. The caveator is the party who lodged the caveat. It not only notifies other parties of your interest but also directs the Registrar General not to register any dealings with the interest they have claimed.

How to Remove a Caveat?

Once it is lodged against a property, the Registrar General will send a notice to the registered proprietor. This means that another person is claiming an estate or interest in your land. There are a few options available to you as the registered proprietor to remove this caveat:

  • Apply to the Supreme Court for an order for removal as the caveat was placed without reasonable care
    • if you are successful in this application the Court may order the caveator to pay compensation to anyone who suffered financial loss
  • Lodge a Withdrawal of Caveat Form (08WX) with the NSW LRS. The caveator or their solicitor must sign. There is a lodgement fee.
  • Lodging an Application for Preparation of Lapsing Notice Form (08LX) by you as the registered proprietor or on your behalf. There is a lodgement fee.
  • Registration of another dealing satisfies the interest
  • Lodge an Order of Court (by hand) with a Request Form (11R) to NSW LRS together. There is a lodgement fee.
  • Withdrawn by the caveator

Lapsing a Caveat?

It will lapse when:

  • Lodgement (by hand) with NSW LRS & registration of a dealing
  • Procedure is completed
    • 08LX form lodged by the registered proprietor
    • A party lodges a dealing (prevented by the caveat) with the 08LX form

If it involves the form 08LX, the caveat will lapse or partially lapse 21 days after the date of notice served to the caveator. The Real Property Act 1900 outlines the rules of notices. It can be extended by lodging an Order of the Supreme Court by the caveator. If a caveat lapses without reasonable care the caveator can be compensated.

Conclusion

First of all, if you have recently received a notice of a caveat from the Registrar General then it is important for you to protect your land from any interests registered by other parties. As there are a few options available to remove or lapse the caveat it would be advisable to reach out & seek legal advice from a property lawyer or a conveyancing lawyer.

You will note that the references were NSW based. More information can be found in the corresponding states’ land registry sites. The forms regarding caveats in NSW can be found here – NSW LRS Caveat Forms. To read more about the Caveats, you can refer to the NSW LRS site.

The respective legislation & office that concerns caveats in each State are listed below for your help.

State/TerritoryLegislationOffice
ACTLand Titles Act 1925 (ACT)ACT Land Titles Office
NSWReal Property Act 1900 (NSW)NSW Land Registry Services
QldLand Title Act 1994 (QLD)QLD Titles Registry Office
VicTransfer of Land Act 1958 (VIC)VIC Property & Land Titles Office
SAReal Property Act 1886 (SA)SA Land Services & Land Titles Office
NTLand Title Act 2000 (NT)NT Land Titles Office
WATransfer of Land Act 1893 (WA)WA Landgate Office
TasLand Titles Act 1980 (TAS)TAS Land Titles Office

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Author
Abhinav Parashar

Abhinav is a legal intern at Lawpath as part of the content team. Currently in his 3rd year studying a Bachelor of Laws at Macquarie University (Major in Banking, Corporate, Finance & Securities Law). He is keen to learn more about Mergers & Acquisitions in the future.