Caveats over properties

To register a caveat over a parcel of land, you must either have a direct interest in the land or a contractual agreement that enables the lodgment of a caveat.

We prepare clauses for clients for inclusion in their contracts that allow them to lodge caveats over debtor's properties in Western Australia.

Our rates and fixed prices are lower than the prices charged by many Perth Commercial law firms because we own our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.  

Further information can be found here regarding our fixed fees.

Caveats are a very effective method of securing loans and other debts. A caveat is a written warning that appears on the certificate of title of a property telling anyone who wants to deal with the property, that the person who lodged the caveat, has an interest in that property.

Lodging a caveat over a property prevents the owner of the property from selling, mortgaging or dealing with the property without your knowledge.

If someone owes you money, or you have a direct interest in the land in question, we can provide legal advice on whether you have the right to lodge a caveat over their property and arrange for the caveat to be lodged. This will then give you some security to ensure the debt is paid.  

If someone has lodged a caveat over your property in Western Australia we provide legal advice on challenging the caveat and having it removed.

How to remove a caveat

If someone has lodged a caveat over your property in Western Australia we provide legal advice on challenging the caveat and having it removed.  

Caveat disputes/Section 138B notices

Almost always, there is an urgency with a caveat dispute.  It is important that your lawyers have experience in caveat disputes.

If you have had a caveat lodged over your property that you wish to have removed, then you need to take legal advice on this process as if you get it wrong it could expose you to a costs claim. 

If a caveat has been placed on a property without any legal foundation, then there is a procedure pursuant to Section 138B of the Transfer of Land Act to have a notice issued that can cause the removal of the caveat.  These notices need to be very carefully prepared because the party receiving the notice will need to seek a court order to extend the caveat. 

If the notice is issued when there is obviously a genuinely caveatable interest, in other words a proper caveat, that could expose the person issuing the notice to a costs claim in court.

If you have lodged a caveat on a title, you may receive a letter from the Registrar of Titles telling you that you have 21 days within which to obtain a Supreme Court order for the extension of the operation of that caveat.

We have dealt with these applications many times and can provide a fixed price for dealing with them.  For more information on these applications click here.

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