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.
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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
Vendor's lien for unpaid purchase money
Mortgagee's interest under an unregistered mortgage
Purchaser's interest under an option to purchase Bahr
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?
A mere personal right
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It can be withdrawn by the caveator
• Withdrawn application: 90(4) TLA o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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