Project Red Hand

Caveat Removal Victoria – How and When to Remove a Caveat From a Title

A caveat is a legal instrument that can be registered against a property title, which serves as a warning to anyone dealing with the land that the person who lodged it (the ‘caveator’) may have an interest in the land. As it can significantly delay the settlement of a sale or other dealings with the land, it is important that those who deal with property have an understanding as to how and when a caveat can be removed from a title.

What are caveatable interests in Victoria?

Typically, when a person lodges a caveat removal Victoria it is in response to an issue such as unpaid debt or a dispute over ownership and the purpose of the caveat is to stop dealings being registered on the title until such time as the disputed matter has been resolved. The person lodging the caveat will need to either commence court proceedings to substantiate their claim or apply to have the caveat removed.

Both methods have their pros and cons, and it is essential that you seek advice from legal experts to ensure the process is carried out correctly. Rosendorff Lawyers have extensive experience in removing caveats, and can help you navigate the process of caveat removal Victoria and ensure that your interests are protected throughout the transaction.

To remove a caveat from a title, an application must be made to the Registrar of Titles in writing supported by a certificate signed by a person for the time being engaged in legal practice in Victoria, referring to the caveat and stating the person’s opinion that, as regards the land and the estate or interest therein claimed by the caveator, the caveator does not have the claim. If the Registrar of Titles decides to remove the caveat, they will issue a ‘lapsing notice’ to put the caveator on notice that unless they commence court proceedings within 30 days to substantiate their claim, the caveat will be removed.

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