Property Dispute Lawyers Brisbane

A caveat is a notice on land that stops specific actions from being taken with the property. The prohibited action includes selling or mortgaging the property. People lodge caveats for several reasons, often because they are owed money or because of competing interests in the property.

A person must have a caveatable interest in land if they wish to lodge a caveat over the title. A caveatable interest exists when a person has a legal or equitable interest in land. One needs to understand the risks associated with lodging a caveat before doing so as a caveat cannot be lodged without reasonable cause. Improperly lodging a caveat may render a person liable for damages and legal expenses to the property’s owner if damages result from taking this action. 

The Latin translation of ‘caveat’ means ‘may he beware of’.

The registration of a caveat over title of land, including units, houses, etc., acts as an injunction that prevents any further dealings concerning such land. In addition, caveats serve as a warning sign for prospective purchasers of a property, notifying them that someone else is declaring an interest in that property.

After a caveat has been lodged, the Titles office will check to ensure the caveat meets legislative and administrative requirements. Once confirmed that the caveat meets these requirements, the caveat will be registered.

Simply registering a caveat is not proof that the interest being claimed in the caveat exists. Only the Courts can determine if someone has a legal interest in the property.

A caveat will usually be in place anywhere from 2 weeks to 3 months. Action can be taken by the person who lodged the caveat to extend this timeframe if required until such time as a Court makes a determination on the property dispute.

Any party with an interest in property, or impacted by a caveat, should seek independent advice from an experienced property dispute lawyer to understand their unique circumstances and protect their rights.

There are several ways to remove a caveat. The most common strategy is for the property owner to issue a Lapsing Notice on the person who lodged the caveat.

Generally, caveats will automatically lapse three months after registration, unless Court proceedings have commenced.

A property owner can issue a notice on the caveator to force them to commence proceedings within 14 days from the issuance of that notice. In those circumstances, if a court proceeding is not commenced within the 14-day period, the caveat can be removed from title (which is much earlier than the automatic 3-month lapsing timeframe).