A caveat against dealings in a particular title to land can only be lodged by a person entitled to do so under Section 137 of the Land Transfer Act 1952.
That is a person who:
“… claims to be entitled to, or be beneficially interested in, the land … by virtue of any unregistered agreement or other instrument or transmission … or … any trust … or is transferring the land … to any other person to be held in trust.”
Once a caveat is lodged in the correct form alleging one of the above interests, the Registrar-General of Land is required to register the caveat. There is no discretion.
The effect of the registration of a caveat is to forbid the registration of any transfer or charge on the land affected, after the registration of the caveat.
The following interests in land will or may support the registration of a caveat:
The following rights and transactions will not support a caveat:
There are only three ways a caveat against dealings may be cleared off a land title, by:
Order under Section 243
The registered owner of the land can apply for an order that a caveat be removed.
The onus is on the caveator to establish the caveator has a reasonably arguable case for the interest claimed.
The Court has the discretion under Section 243 to make any order it thinks fit (removing or sustaining the caveat).
Lapse under Section 145
Under Section 145, a caveat lapses if notice is given to the caveator an instrument has been presented for registration by the Registrar-General of Land, and the caveator does not respond:
Section 145 therefore provides a procedure through which a person wishing to register an instrument affecting the caveated land can throw the onus of taking action to sustain or extend the caveat (or to prevent its lapse) on to the caveator.
These time frames are unable to be extended. Once a caveat has lapsed, the caveator is unable to re-lodge the caveat.
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