Overview
A caveat is a notice registered on a certificate of title that warns anyone dealing with the land that a third party claims an interest in it. Registering a caveat prevents the registered owner from dealing with the land without the caveator's knowledge.
Who Can Lodge a Caveat?
- Any person claiming an interest in land under an unregistered instrument
- A purchaser under an incomplete sale agreement
- A beneficiary of a trust
- A spouse claiming interest in family land
Step 1: Prepare the Caveat Application
The caveat must be in the prescribed form and should state:
- The name and address of the caveator
- The nature of the interest claimed
- The property affected (plot number, registration details)
Step 2: Attach Supporting Documents
Attach evidence of the claimed interest such as:
- Sale agreement
- Court order
- Statutory declaration
- Any other relevant document
Step 3: Lodge at the Land Registry
File the caveat at the relevant district land registry. The Registrar will note the caveat on the certificate of title.
Step 4: Serve Notice
The Registrar will serve notice of the caveat on the registered proprietor, who has 60 days to apply to court to have the caveat removed.
Removal of a Caveat
A caveat can be removed by:
- Written withdrawal by the caveator
- Court order
- Lapse after the statutory period if not renewed
