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ARTICLE · 19 MARCH 2017

Move quickly to remove a caveat

Bartier Perry Solicitors
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If an owner wants to remove a caveat, issuing a lapsing notice is a quick and easy way to shift the problem to the caveator.

AustraliaReal Estate and Construction
David Creais
David Creais
Peter Barakate (Formerly With Bartier Perry)
Peter Barakate (Formerly With Bartier Perry)
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If an owner wants to remove a caveat from the title to the owner's land, issuing a lapsing notice is a quick and easy way to shift the problem to the party that lodged the caveat (caveator). Once the caveator has been served with the lapsing notice the caveator has 21 days to get an order from the Supreme Court extending the life of the caveat.

To get an order the onus is on the caveator to persuade the Court that the caveator has a legal or equitable interest in land. If the caveator is unable to do so, the Court will refuse to make the order and the caveat will lapse.

What the caveator may have thought was a secured debt will have become unsecured, and ordinarily the caveator will have to pay the land owner's costs of the proceedings.

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