A caveat is a form of statutory injunction provided for under the Real Property Act 1900. When a Caveat is lodged at LPI (department of Lands), it can hinder the registration of any other dealing relating to the above property such as a sale, lease or mortgage, until the Caveat is formally withdrawn.
If you wish to remove the Caveat, you need to:
- Prepare a Notice requesting the Caveat to be removed and;
- Serve this Notice on the party that has lodged the Caveat or their legal representatives.
When this Notice is served on the other party, the other party can choose to continue to protect their claim in your property by responding to the Notice within 21 days by:
(i) obtaining an Order from the Supreme Court to extend the operation of the Caveat; and
(ii) lodging the Order with the Registrar-General
If the party requesting the caveat do not follow the above course, once a Notice to remove the Caveat has been served, the Caveat will lapse.
If you require any information in relation the above, please give Nas Hanafi of Lion Legal a call on (02) 9251 2722.