Caveats &
Withdrawal of Caveats

A Caveat is a notice recorded on the title of a property to protect a person's claimed legal or equitable interest in land. Once registered, a Caveat generally prevents further dealings affecting the property, such as transfers, mortgages or other encumbrances, from being registered without the caveator's consent or the Caveat first being removed.

Settlement agents commonly assist with the preparation and lodgement of Caveats relating to property transactions and ownership interests, including:

• Purchaser's interests under a Contract for Sale;

• Unregistered Transfers of Land;

• Declarations of Trust and beneficial ownership interests;

• Equitable interests arising from property transactions; and

• Registered Proprietor's Caveats to help protect against unauthorised dealings on title.

As a Caveat affects the ownership and transferability of land, a valid caveatable interest must exist before lodgement. Where legal advice is required regarding the existence or validity of an interest, we recommend obtaining advice from a solicitor prior to registration.

We can assist with the preparation, execution and electronic lodgement of Caveats through Landgate, ensuring all verification of identity and registration requirements are satisfied.

A Withdrawal of Caveat is used to remove a Caveat from the title when the interest being protected has been satisfied, no longer exists, or the parties have agreed that the Caveat should be withdrawn. Removing a Caveat is often necessary before a sale, refinance, subdivision or transfer can proceed.

Where the caveator agrees to remove the Caveat, we can prepare and lodge a Withdrawal of Caveat with Landgate to clear the title and facilitate settlement.

If a caveator is unwilling or unable to withdraw a Caveat, the registered proprietor may be entitled to apply for a 21 Day Notice. Once issued by Landgate, the notice requires the caveator to commence Supreme Court proceedings and lodge evidence with Landgate within 21 days to maintain the Caveat. If the required Court Order is not lodged within that period, the Caveat will lapse and be removed from the title.

We can assist with the preparation and lodgement of Withdrawals of Caveat and 21 Day Notice applications through Landgate, helping property owners, purchasers and lenders resolve title issues efficiently and minimise delays to settlement.