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ARTICLE · 08 SEPTEMBER 2018

Caveats Series – Part 2: Can I lodge a caveat?

Any individual or body corporate can lodge a caveat over a specific property, but you must have a caveatable interest.

AustraliaReal Estate and Construction

Any individual or body corporate can lodge a caveat over a specific property, however, in order to be able to lodge a caveat it is essential that you have a caveatable interest. Without a caveatable interest, your caveat is unlikely to survive scrutiny by a Court and that may have consequences.

That then begs the question, what is a caveatable interest and more importantly, what is not?

What is a caveatable interest?

Caveatable interests come in many forms but the prevailing theme is that in order for a caveatable interest to exist, the caveator must have some current legal or equitable interest in the land.

Some common examples of caveatable interests are as follows:

  • a purchaser under a contract for sale;

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