NSW Removing Caveat on My Own Property?

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Vinnie

Well-Known Member
13 October 2015
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1
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I have requested the demolition and asbestos removal company to send me the final clearance certificate after they've done the job in order for me doing the payment. However, they don't send the clearance certificate and ask me to do the full payment. The property is sold and we are waiting for the settlement.

Then, they have asked a lawyer to put a caveat on my property. How long is the caveat on my property and How can I remove it in order for me to sell it?

I tried to ask them to send me the exactly sun of money to pay them and they'll send me the clearance certificate at the same date of the settlement date. However, they do not tell us the exactly sum of money until the settlement date and they don't guarantee to send the clearance certificate. This can affect our settlement and we cannot sell the property.

Thanks.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Get your lawyer to write a nasty letter to them. They likely don't have a genuine claim to a caveat unless you gave them permission.
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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789
Ballarat, Victoria
Hi Vinnie,

In this scenario as Rod says, there is probably no right to have a caveat on your title and you can contact the land registry or titles office in your state (or a lawyer) as to how to apply to get it taken off. Serious consequences such as costs against them can apply for someone putting on a caveat on a title if there is no what is called 'caveatable interest'. Merely owing a debt to someone is generally not such an interest. Good luck.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
You can't pay them until you get the money from the sale?