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Caveats

What is a caveat and why are they important?

A caveat is a document that is registered over real property, and provides an individual or entity a secured interest in that property.  Caveats are registered on title to prevent the property owner from disposing of the property without first accounting to the Caveator.  The Caveator does not necessarily need to have an interest in the property itself, they merely need to have a caveatable interest which may be legal or equitable, in order to be able to lodge a caveat over the whole or part of the land.

A caveat becomes effective at the time of lodgment and are then noted on the register over title of property.  Caveats may disclose that a third party has some type of interest of your property, or that you may otherwise owe them a debt which they seek to secure by encumbering your property.

The existence of a caveat may cause considerable delay in the process of purchase and sale of property as you are unable to deal with the property so long as the Caveat is still registered on title.

Shire Legal can assist you to:

  • Lodge a caveat online through our e-conveyancing platform;
  • Request a title search to see if there are any existing caveats over your property or a property you wish to purchase or;
  • Negotiate the removal of a caveat.

You can find more information on caveats on the NSW Land Registry Services website here.

Read our blogs, arrange a confidential appointment or read what our clients say here.

 

 

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  • Level 1, 29 Kiora Road, Miranda NSW 2228
  • Phillip Street, Sydney NSW 2000 (by appointment only)

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  • Home
  • About Us
    • Our Team
    • Testimonials
    • Fixed Fees
    • Information Sessions
    • Agency
    • Careers
  • Areas of Practice
    • Business
      • Selling a Business
      • Purchasing a Business
      • Leasing (Retail and Commercial)
      • Business Agreements
      • Franchising
      • Intellectual Property
        • Trademark Registration
        • Trademark Enforcement
        • Passing Off
      • Debt Recovery
      • Security of Payments
      • Employment
      • Bankruptcy
      • Insolvency
      • Business Succession
      • Competition and Consumer Law
    • Estates
      • Wills
      • Power of Attorney
      • Enduring Guardianship
      • Estate Planning
      • Deceased Estates
      • Estate Disputes
    • Property
      • Selling Property
      • Purchasing Property
      • Property Transfers and Refinances
      • Property Agreements
      • Certificate of Independent Legal Advice
      • Strata
      • Easements
      • Subdivision
      • Caveats
      • Leasing (Retail and Commercial)
      • Retirement Village and Aged Care Contracts
      • Co-ownership Agreements
    • Notary Public
    • Certificate of Independent Legal Advice
  • Blogs
  • Events
    • 2018 Drinks on the Terrace
    • 2017 Drinks on the Terrace
    • 2016 Drinks on the Terrace
    • 2015 Drinks on the Terrace
    • 2014 Drinks on the Terrace
  • Payments
  • Contact Us
  • BOOK AN APPOINTMENT