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How to Lodge a Caveat

Where there is a dispute over property a caveat can be lodged to restrict other parties from dealing with the property.
It is essential  that the party registering the caveat have a direct interest in the property.
Equally, the grounds claimed for lodging a caveat must be of a type recognized by the courts.
You cannot lodge a caveat simply because someone owes you money unless your terms and conditions of trade have a  charging clause.
Once lodged you have 3 months to start legal proceedings to establish your claim.
If you miss the 3 months the caveat lapses and you can only re-caveat with the leave of the court.
In order to lodge a caveat you need:
  • A copy of the title deed.
  • A legally recognized ground for claiming a caveat.
  • The registration fee- which varies depending upon how many names there are on the title deed.
We lodge caveats all the time mostly via PEXA, the online system- it can be done in minutes if need be.
 Call us for a fixed fee quote.
Bruce Pasetti 07 3152 4402
Amanda Heard 07 3152 4401