WHY CAVEAT IS FILED?

Filing a caveat helps protect your rights and those of your clients in relation to dealings in land. By lodging a caveat, you notify the world that you have an interest in the land and that the land should not be dealt with without your knowledge.

What is a caveat?

A caveat is a legal document that is lodged with the Land Registry to protect a person's interest in land. It acts as a warning to anyone else who may be interested in the land, such as potential buyers or lenders, that the person who filed the caveat has a legal right to the land.

Who can file a caveat?

Anyone who has an interest in land can file a caveat. This includes:

• Owners of the land
• Mortgagees
• Lessees
• Option holders
• Purchasers under a contract for sale

When should you file a caveat?

You should file a caveat if you have an interest in land and you are concerned that someone else may try to deal with the land without your knowledge or consent. This could happen if, for example, the land is being sold or mortgaged.

How do you file a caveat?

To file a caveat, you need to complete a caveat form and lodge it with the Land Registry. The form will ask for your name, address, and contact details, as well as details of the land that you are interested in. You will also need to pay a filing fee.

What happens after you file a caveat?

Once you have filed a caveat, it will be registered on the title to the land. This means that anyone who searches the title will be able to see that you have an interest in the land. If someone tries to deal with the land without your knowledge or consent, the Land Registry will notify you.

How long does a caveat last?

A caveat lasts for three years. After three years, it will expire and you will need to renew it if you want to continue to protect your interest in the land.

Can a caveat be removed?

A caveat can be removed if:

• The person who filed the caveat withdraws it
• The Land Registry Registrar orders its removal
• A court orders its removal

Frequently Asked Questions

1. What is the difference between a caveat and a lis pendens?

A caveat is a warning that you have an interest in land. It does not give you any legal rights to the land. A lis pendens is a court order that prevents someone from dealing with land while a legal dispute is ongoing.

2. How much does it cost to file a caveat?

The cost of filing a caveat varies depending on the state or territory in which you are filing. In Western Australia, the fee for an electronic caveat is $184.

3. How long does it take to file a caveat?

It usually takes a few days for a caveat to be registered on the title to the land.

4. What happens if someone tries to deal with land that is subject to a caveat?

If someone tries to deal with land that is subject to a caveat, the Land Registry will notify the person who filed the caveat. The person who filed the caveat can then take legal action to protect their interest in the land.

5. Can I file a caveat on my own home?

Yes, you can file a caveat on your own home. However, it is important to seek legal advice before doing so to ensure that you are taking the correct steps to protect your interests.