Caveat Removal

Have you received a caveat on your property? Do you need help to understand it? And is there anything you can do about it? A caveat is a written warning (or entry in a register) to stop certain land dealings. It can “freeze” all your future transactions with that property. This might include preventing the transfer or sale of your property, or even preventing it from being mortgaged. At rosendorff Lawyers, we have significant experience in caveat removal. We can advise you on the most cost-effective way to quickly remove a caveat that might be holding up the sale or subdivision of your property.

Contact us now for your free telephone consultation.

Rosendorff Lawyers provide services in for caveat removals to business and individuals in the Melbourne Metropolitan area.

Often a person claiming an equitable estate or interest in your land will lodge a caveat under s.89 of the Transfer of Land Act 1958 (TLA) to protect that claim.

The TLA provides three ways for removal of a caveat. The two most practical ways are:

• (a) Section 89A, which enables a registered proprietor to apply to the registrar to serve a notice on a caveator requiring proceedings to substantiate the caveat to be commenced in a court of competent jurisdiction within a nominated time period, failing which the caveat will lapse;
• (c) section 90(3), which enables any person aggrieved by a caveat to apply to the Court for orders removing the caveat.

Rosendorff Lawyers has significant experience in removing caveats.

We can advise you on how to most cost effectively and quickly remove a caveat that may be holding up the sale of your property.

We assist people in obtaining planning approval and resolving disputes arising from development applications, planning proposals, building and subdivision certification and Local Government orders.

Principal of the firm, Brett Samuel, is a unique legal resource having dual qualifications in Bachelor of Planning and Design (University of Melbourne) and law (Monash University). Prior to entering law, Brett was engaged in the building industry and has extensive experience in this area of law.

Caveats – When Can They Be Lodged?

Parties often seek to lodge a caveat over another person’s property claiming a caveatable interest.

A purchaser may lodge a caveat to stop the vendor from selling the land to somebody else.

A caveat is a written warning, or entry made in a register, to stop certain land dealings without notice being given to the person who lodged it (the caveator) and/or without the caveator’s agreement.

A caveat tags the land and it is like an injunction to show that someone has an interest in the land.

Normally a creditor would have a caveatable interest. This however would depend on the circumstances.

Whether or not a caveat can be lodged on a property depends on the facts of each matter.

To read about how some cases deal with situations where caveats were lodged and how the Court dealt with these issues, click here

Contact Us today on 1300 127 330 to arrange a consultation with one of our experienced lawyers.