QLD Who can Place a Caveat on a Property?
- Thread starter Tammy smith
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Anyone with a legal/financial interest in the property is able to place a caveat on the land. Not 100% sure but currently believe only they can remove the caveat while they have a legal interest in the property.
In practice sometimes someone without a proper basis places a caveat on land. They can remove the caveat or the current title owner can have it removed if the caveat is found not to be legitimate. The cost of removal is then borne by the person who incorrectly placed the caveat on the land.
Keep in mind there are different types of caveats and not all prevent you dealing with the property.
In practice sometimes someone without a proper basis places a caveat on land. They can remove the caveat or the current title owner can have it removed if the caveat is found not to be legitimate. The cost of removal is then borne by the person who incorrectly placed the caveat on the land.
Keep in mind there are different types of caveats and not all prevent you dealing with the property.
OK, my mother has found a so-called new love. He is a well-known con man. I'm just worried, as since my father passed, she now owns the property - no mortgage no money owing on it. I'm just worried he will try get her to sell her home or take out a mortgage on it so we are just trying to stop this from happening and he is wanted by police.
You need an agreement with your mother giving you a legal right of some kind, then you may place a caveat. Would be best to see a lawyer about the kind of legal right that would be best in your circumstances.
You would need to see what rights the POA assigns to your sister. If it is a general financial POA then the answer is yes.
Yes, this person is pulling the wool over her eyes for sure. He's never worked a day in his life. He lived life by ripping people off all his life. My mum is very gullible. He knows now she's got money from my deceased father and owns her home.
Just want to protect her because she can't see it but everyone is warning her.
Just want to protect her because she can't see it but everyone is warning her.
All of the above sounds well and good but I'm not convinced it is entirely correct. Caveats are a tricky area and I'm not convinced that a Caveat is really what you are after. I am a lawyer with a lot of experience in this area. Call me at Matthew King, Lawyer, King and Co Legal - Wollongong & Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly if you want to discuss it in more detail.
There are several types of caveat available to be lodged in Queensland: 'consent', 'lapsing', Registrar or court ordered. The last two don't sound relevant to your situation.
Any caveat which is lodged must be in respect of an identified interest in the land. If this is insufficient, the Registrar of Titles may cancel it. The requisite interest in the land is required, even if the caveat is consented to by the owner.
A consent caveat means you have the written consent of the owner. This type of caveat remains on title. They are not available to equitable mortgagees.
A lapsing caveat is only temporary. Once lodged (if successful), you have a time period to start court proceedings to establish the interest in the property; either (a) 14 days if the property owner serves a notice on you requiring legal action be commenced, or (b) 3 months. After that, if no court proceedings have been commenced, the caveat automatically lapses and the Registrar of Titles may remove it.
You also only get one bite at it. Once a caveat has been lodged, a further caveat on the same/substantially the same grounds by the same person will likely be rejected.
So, even if you could argue you have an interest in the land - which I don't think you currently have - the best you can do without your mother's consent is a lapsing caveat.
Any caveat which is lodged must be in respect of an identified interest in the land. If this is insufficient, the Registrar of Titles may cancel it. The requisite interest in the land is required, even if the caveat is consented to by the owner.
A consent caveat means you have the written consent of the owner. This type of caveat remains on title. They are not available to equitable mortgagees.
A lapsing caveat is only temporary. Once lodged (if successful), you have a time period to start court proceedings to establish the interest in the property; either (a) 14 days if the property owner serves a notice on you requiring legal action be commenced, or (b) 3 months. After that, if no court proceedings have been commenced, the caveat automatically lapses and the Registrar of Titles may remove it.
You also only get one bite at it. Once a caveat has been lodged, a further caveat on the same/substantially the same grounds by the same person will likely be rejected.
So, even if you could argue you have an interest in the land - which I don't think you currently have - the best you can do without your mother's consent is a lapsing caveat.
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