If a caveat has been registered over a property, the registered owner of that property, can take steps to remove the caveat. One such step is to serve a lapsing notice on the person who lodged the caveat.
A lapsing notice will result in the caveat being removed from title after 21 days have elapsed. However , the caveator can file an application with the Court seeking an order for an extension of the caveat. The granting of any such extension will depend on the circumstances in which the caveat was lodged and the effect of the extension and/or removal of the caveat on the parties.
If you have been served with a lapsing notice, it is important that you obtain legal advice as to any response that should be made as soon as possible, and definitely prior to the expiration of the 21 day window.
At Navado we can assist in the preparation of a lapsing notice, but also have experience in applying for an extension of a caveat.
If you are engaged in a dispute about a caveat, we recommend that you contact our office and arrange an appointment to see one of our Mortgage & Caveat Dispute Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch 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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