Caveat on title.

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Skateboard

Well-Known Member
22 June 2017
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I paid of a mortgage on a property that I had purchased about 5 years ago and advertised it for sale. I got a copy of the title and saw that my brother had put a caveat on it preventing a sale. This caveat had been on the title for 5 months and I was completely unaware of the caveat. My brother and I cannot communicate directly only through lawyers due to intervention orders. My brother has a history of harasment. I then emailed his solicitor several time and asked for documents supporting the caveat but did not receive a reply. I then went to his office and spoke to him he said that if I wanted these documents I would have to ask a solicitor to request them. I did this and my solicitor was told by his solicitor to contact my brother directly as he was not representing him which he did and after several months of requests my brother made one response he said he did have a documented reason but did provide the documents. My brother responded by email and said that their was an attachment to his email. There was no attachment and further requests by my solicitor were ignored. My solicitor then applied to the titles office to have the caveat removed. I have received no further information from my brother so I expect the caveat to be removed. This whole episode has cost about $5000 in fees, several opportunities to sell my property and frustration.

My brother has reported my cars stolen to police, made false statements to the police and had me arrested and these charges which were later withdrawn or dismissed, alleged in several bizarre affidavits that I was guilty of contempt of court or misappropriation of family money all of which were dismissed or abandoned by my brother. This has cost our family several hundred thousand dollars which he pays from our family trust funds which he has sole control over.

Can I apply to the court for copies of documents supporting the caveat?
Can I recover some of the money I spent from my brother?
Can my brother do this again.
My property has appreciated during the year but I wanted to sell it to invest in certain stocks that have appreciated more rapidly so I feel that my brother has caused me a substantial loss.
 

Rod

Lawyer
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27 May 2014
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These are all questions to ask your solicitor.