A caveat is in the nature of an injunction. In WA, it is
generally lodged on a certificate of title to prevent certain
dealings in the land or notify the public of the caveator's
interest that affects the land.
The caveat itself does not create an interest - it should only
be lodged where the caveator has an underlying interest that is
sufficient to support the lodgement of a caveat.
There are three types of caveats that can be used in WA. The
caveat used will act as a statutory injunction preventing the
registration of instruments, either:
- absolutely (absolute caveat)
- until after notice is given to the caveator (notice
caveat)
- unless the instrument registered is expressed to be subject to
the claim of the caveator (subject to claim
caveat).
