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 email@example.com
Amanda Heard 07 3152 4401