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Property B Summary Caveat System Notes

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This is an extract of our Property B Summary Caveat System document, which we sell as part of our Property Law Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Topic 6 Summary: Caveat system

1. Introduction a. What is a caveat?

• A caveat acts as an injunction to the Registrar by restraining the Registrar from
registering any dealing except with the caveator's consent b. Who can lodge a caveat?

• Any person who is claiming an estate or interest in land under [an] unregistered
instrument or dealing or by devolution in law or otherwise 89(1) TLA o

Trust

o

Vendor's lien for unpaid purchase money

o

Mortgagee's interest under an unregistered mortgage

o

Purchaser's interest under an option to purchase Bahr

o

Need not be a registrable interest, so long as it is one in respect of which equity
will give specific relief against the land.

• What is not caveatable?
o

A mere personal right

o

A claim to set aside a transfer on the ground of fraud is not caveatable until such
claim is successfully established

c. Recording a caveat

• Must be recorded in the register 89(2) TLA d. Notice to the registered proprietor

• Registrar is required to give notice of the caveat and a copy of the caveat to the
registered proprietor 89(3) TLA

2. Removal of a caveat a.
It can be withdrawn by the caveator
89(1)

• Withdrawn application: 90(4) TLA o

The registrar shall reinstate any recording of the caveat in the relevant part of
the Register to which the caveat related

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