Drafting and Preparation of Caveats
We can provide legal advice on whether you have the right to lodge a caveat as security for loans and other debts and prepare all necessary documentation for the registration of caveats over properties.
We can also advise on whether parties have the ability to lodge a caveat over a property.
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.
Contracts can include clauses that allow for the lodging of a caveat. These clauses must be very clear and must create a specific interest in land that will allow for a caveat to be lodged. There are also many other circumstances that can allow for the lodging of a caveat however very clear legal advice needs to be obtained on which circumstances do, and which circumstances do not, allow for the lodging of a caveat. If a caveat is lodged without proper cause then it can be challenged.
Read further further advice on removal of a caveat or on what to do if you are served with a section 138b Transfer of Land Act notice.
Limitations
The section 138B procedure cannot be used in respect of caveats that are:
- lodged under sections 30, 176 or 223A of the TLA;
- under any other written law which specifically provides for the lodgement of a caveat;
- lodged by virtue of a Court Order;
- protecting beneficiaries under a will or settlement;
- lodged by or on behalf, or with the consent of the Minister for Lands;
- lodged under any Commonwealth Act; or
- lodged by the Registrar of Titles.