Caveat Placed on My Property - What To Do?

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helpwanted

Active Member
4 July 2014
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Hello,
A caveat has been placed on my property and I was wanting to know a couple of things.
Firstly can the property be sold and the money be held in trust?
Or is it impossible to sell a house that has a caveat on it.

Secondly, I am aware that the person who lodged the caveat is the one that needs to remove the caveat unless I apply to have it removed. My question is, if a court rules in favour of the person that lodged the caveat, who pays the legal costs ? ( I am aware that the person that lodged the caveat is the person that opens the court proceedings)
 

John R

Well-Known Member
14 April 2014
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2,394
Sydney
Hi @helpwanted,
I can't answer your first question at this time. That said, in relation to costs, it's generally a "loser pays" system.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
It might be a caveat, but it might not.
Is it possible that somebody has used the word to you,
without knowing what the word actually it means?

Have they done actually obtained a caveat (if so, how did you find out?)?
Or could they just be using big-talk legal words to try and intimidate you?

Caveats are injunctive - that is, they operate to prevent the dealing in land
while there is a dispute happening (often, but not always, about the land over which the caveat is sought).
They are not in themselves a security interest in land in the same way that, say, a mortgage is.

You may find it useful to search the word "caveat" on this board,
and read the various messages.
For example, this thread:
http://www.lawanswers.com.au/threads/can-a-caveat-be-lodged-because-of-employment-money-owed.441/
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Having it removed is called making an application for "lapsing".
Did you know about it before it happened?
It would be unusual that the first you heard of it was when the caveator told you about it.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
I've no wish to nit-pick, but it matters....
a caveat document, or a threat to get one?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
On that basis, if you want it removed,
then you need to speak to a solicitor
about having it "lapsed".