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How do I protect my interest if I'm not the registered proprietor?

How do I protect my interest if I'm not the registered proprietor?

Wednesday 18th of March 2020
By: Harriet Geddes, Solicitor, Coote Family Lawyers

Thank you for your ongoing support and professionalism through what has been a difficult 6 months.

A caveat is a document that any person with a legal interest in a property can lodge with Land Use Victoria. Once lodged, a caveat appears on the title for the property and gives notice that a third party is asserting a right over the property. A caveat prevents a property from being dealt with without notice being given to the caveator.

Only a person who has a caveatable interest can lodge a caveat. Common types of caveatable interests include:

  1. an unregistered mortgagee;
  2. a purchaser under a contract of sale that is yet to be completed;
  3. by agreement allowing registration of a caveat – e.g. an equitable charge;  
  4. a lease;
  5. an option to purchase;
  6. a purchasers’ lien; or
  7. a claim that the land is held on trust for the caveator, including a constructive trust.

There are serious consequences for lodging a caveat without reasonable cause.

Coote Family Lawyers are recognised as one of the top family law firms in Australia.  We can assist you in determining whether you have a caveatable interest that requires protecting by lodging a caveat.  Call us today on 03 9804 0035.

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