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Caveat Placed on My Property - What To Do?

Discussion in 'Property Law Forum' started by helpwanted, 4 July 2014.

  1. helpwanted

    helpwanted Active Member

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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)
     
  2. John R

    John R Well-Known Member

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    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.
     
  3. helpwanted

    helpwanted Active Member

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  4. Tim W

    Tim W Lawyer

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    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/
     
  5. helpwanted

    helpwanted Active Member

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    Yes they have obtained a caveat, I will most likely be applying to have it removed
     
  6. Tim W

    Tim W Lawyer

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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.
     
  7. helpwanted

    helpwanted Active Member

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    No idea until I received a letter from a solicitor that contained the caveat
     
  8. Tim W

    Tim W Lawyer

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    I've no wish to nit-pick, but it matters....
    a caveat document, or a threat to get one?
     
  9. helpwanted

    helpwanted Active Member

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    It is a caveat document, there is a caveat on the property
     
  10. Tim W

    Tim W Lawyer

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    On that basis, if you want it removed,
    then you need to speak to a solicitor
    about having it "lapsed".
     

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