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What is a Caveat?

covenant

A caveat is a document that anyone with a legal interest in a property can lodge with the relevant state authority.

A caveat note appears on the title held by the land register, giving anyone with an interest in the property, notification of third party claims over the land.

Caveats prevent any future registering of interests without your consent.

The relevant state authority will accept a caveat if the form has been fully completed and often, caveats are lodged without legal advice.

There are different types of caveats and if the wrong one is lodged, a court can consider the caveat invalid and require compensation to be paid to the landowner.

Therefore, it is important to seek legal advice.

Many interests are sufficient to support the lodgement of a caveat, such as:

  • A purchaser under contract to acquire the land
  • A tenant of the land
  • A chargee of the land

 

 

 

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Marlene F Liontis