Caveats

In any dealings with land, registered interests are given priority over unregistered interests.

There may be circumstances however, where a person has an unregistered interest in property. (For example a lease or a mortgage may not be registered over the title) Thus to help protect that interest a caveat may be lodged to prevent any further dealings with a property until an interest can be registered. Thus a caveat acts as a warning or caution.

The interest however must attach to the land. So for instance if a debt is owed but not connected to the land a caveat is not permissible. Rather it would be best to seek judgement through the courts with a charging order for a judgement debt which can be lodged over the property. We suggest you seek advice from a lawyer should this be your requirement. 

However, should you circumstances relate directly to the land for instance you may have contributed towards the purchase of a property but never had your name registered on the Title Deed, we are more than happy to assist. 

Common reasons for a caveat

• unregistered mortgage
• unregistered lease
• unregistered proprietor
• beneficiary of a will

It is important to note that the caveatee (the person against whom the caveat is directed) may object to the caveat. They can make an application to the Registrar General for its removal. Should this happen we suggest you seek legal advice in relation o the time frames and protocols to follow. However for your information if this does occur the Registrar General will send a notice to the caveator (person making the claim) giving 21 days notice of his/her intention to remove the caveat. If the caveator wants the caveat to remain he or she must make an urgent application to the Supreme Court within 21 days from the date of the notice (so it will be less than 21 days allowing for postage).

If the Court is persuaded that there is an arguable case to keep the caveat, and that there is not some other remedy available to the caveator, the Court can make an order to extend the time for removal of the caveat until such time as any dispute about the caveat can be resolved. This may be by way of negotiation or after a trial. The sealed order of the Court extending the time for removal must be given to the Registrar General before the caveat lapses.