The statutory scheme regulating caveats is set out in the Real Property Act (“the Act”). A caveat is a dealing registered on a property’s title that prevents other registrations (eg a transfer of the property) from occurring that would affect the interest claimed under the caveat. Only a person who has a legal or equitable interest in the land can lodge a caveat.
The crucial question in any caveat dispute is whether the party who lodged the caveat has a “caveatable interest” in the subject property, allowing them to lodge the caveat, or whether the right is merely contractual.
In determining the interests of parties and the caveatable interest, Navado understands the complex nature of the litigation, and understands the depth of field which may need to be considered. For example, at Navado we may consider the role of equitable interests which are held over your property and any fraud which may have occurred in the obtaining of same interests. Additionally we may give attention, where required, to any trust issues associated with the property, including the presence of any resulting or constructive trusts which may be held over the property, and which may compete against your interest, and which may undermine your right to place a caveat over the property. Additionally it may be the case that we would consider any potential criminal aspects associated to your caveat litigation, where your reasons to caveat may be occasioned due to criminal damage to property.
There can be severe ramifications for a party who lodges a caveat without having a caveatable interest including costs consequences and potential liability to pay compensation. This may occur for example if the sale of the property cannot proceed because of the caveat and the registered owner suffers penalty as a result of this delay.
A person has two options if they wish to remove a caveat from title:
1) Serve a lapsing notice; or
2) Seek a court order for removal of the caveat.
In representing you in any potential litigation, Navado brings the experience to potentially cover the field to provide you with causes of action which may extend beyond the black letter of the law. Our staff come from a wide variety of backgrounds including qualified accountants and are able to approach your matter with a mind to the circumstances of your case, and not only the black letter of the law. Additionally Navado has considerable access to a wide variety of expert counsel who may be able to assist you in the most focused and effective way regarding your complex matter. The combination of our in-house expertise, resources and counsel allows Navado to cover the field of law and advise you in relation to your complex matter, with a mind to advising you of causes of actions.
If you are considering lodging a caveat, or if you are affected by a caveat, we recommend that you contact our office and arrange an appointment to see one of our Complex Disputes & Litigation Solicitors in our Sydney office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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