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ARTICLE · 27 JANUARY 2014

Lodgment of a caveat to protect an interest in land

The article includes some examples of where estates and interests in land have been held sufficient to support a caveat.

AustraliaReal Estate and Construction

If you have an estate or interest in land, and you wish to be able to protect that interest, in some circumstances consideration might be given to whether there is a caveatable interest. Examples of where estates and interests in land have been held sufficient to support a caveat include:-

  • The interest of a purchaser under an agreement for the sale of land;
  • An easement;
  • An undertaking to execute a mortgage or an agreement to give a mortgage;
  • The interest of a second mortgagee;
  • A claim to an interest in the proceeds of sale of land held by a trustee on a trust for sale;
  • A claim by a wife that land was purchased by her husband from money she had advanced for that purpose;

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