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Section 123: How to lodge and withdraw a caveat on land

123.Caveat may be lodged and withdrawn

(1)Any beneficiary or other person claiming any estate or interest in land under the operation of this Act or in any lease or mortgage under any unregistered instrument or by devolution in law or otherwise may lodge a caveat with the Registrar in the form in Schedule 13 to this Act or as near to that as circumstances permit, forbidding the registration of any person as transferee or proprietor of and of any instrument affecting that estate or interest until after notice of the intended registration or dealing is given to the caveator, or unless the instrument is expressed to be subject to the claim of the caveator as is required in the caveat, or unless the caveator consents in writing to the registration.

(2)Every caveat under subsection (1) shall state the name and addition of the person by whom or on whose behalf the caveat is lodged, and, except in case of a caveat lodged by order of the High Court or by the Registrar as hereafter provided, shall be signed by the caveator or by his or her agent.

(3)The person lodging such caveat shall, if required, support the caveat by an affidavit, stating the nature of the title under which the claim is made, and may withdraw any such caveat.

(4)No such caveat shall be received unless some address or place in which a post office is situated is appointed in the caveat as the place at which notices and proceedings relating to the caveat may be served.

Plain English Summary

If you have an interest in land registered under the Registration of Titles Act, you have the right to lodge a caveat to protect that interest. A cave...

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