Register, warn or withdraw a caveat over property
We lodge, manage, and withdraw caveats over property for clients who need to protect or enforce an interest in land before a dealing is registered.
What is a caveat and when should one be lodged?
A caveat is a statutory notice lodged at the Lands Titles Office under the Real Property Act 1886 (SA) that alerts the Registrar to an existing interest in land and prevents the registration of any dealing that would affect that interest without the caveator’s knowledge. A person may lodge a caveat if they claim an interest in land, such as an unregistered mortgage, an equitable interest arising from a contract of sale, a resulting or constructive trust, or a right arising from a loan or contribution to the purchase price. A caveat does not create an interest in the land; it protects an interest that already exists. Lodging a caveat without a valid caveatable interest exposes the caveator to a claim for compensation by the registered owner. We advise on whether a caveatable interest exists, prepare and lodge the caveat in the correct form, and manage the process if a lapsing notice is served.
What interest do I need to lodge a caveat?
To lodge a valid caveat under the Real Property Act 1886 (SA), you must have a caveatable interest in the land, which is an equitable or legal interest in the land itself rather than merely a contractual right or a personal claim against the owner. Common caveatable interests include an equitable interest under a contract of sale, an unregistered mortgage or charge, a beneficial interest under a trust, and a claim arising from contribution to the purchase price of the land. We advise on whether your interest is caveatable before the caveat is lodged.
What happens when a lapsing notice is served on me?
If the registered owner or another person with an interest in the land serves a lapsing notice under the Real Property Act 1886 (SA), the caveat will lapse after twenty-one days unless you apply to the Supreme Court for an order extending it. The application must be made within that twenty-one day period and supported by evidence of your caveatable interest. If you do not act within the period, the caveat will be removed and the dealing may proceed, potentially defeating your interest. We manage lapsing notice responses and can act quickly to file the court application within the required timeframe.
What are the consequences of lodging a wrongful caveat?
Under the Real Property Act 1886 (SA), a person who lodges a caveat without reasonable cause is liable to compensate anyone who suffers loss as a result. A registered owner who is prevented from completing a sale or refinance due to an unwarranted caveat can claim compensation for the losses caused by the delay. We assess the strength of your caveatable interest before lodging to minimise the risk of a compensation claim.
How do I withdraw a caveat?
Caveatable interest assessed before the caveat is lodged.
Caveat prepared and lodged in the correct form.
Lapsing notice responses managed within the required timeframe.
A caveat lodged incorrectly or not defended when challenged can leave your interest unprotected.
A caveat is a powerful tool, but only if it is properly founded and correctly managed.
- We will assess whether your claim gives rise to a caveatable interest before any caveat is lodged.
- We will prepare and lodge the caveat in the correct form at the Lands Titles Office.
- We will monitor for any lapsing notice and act within the required timeframe to protect your interest.
- We will advise on withdrawal when the dispute is resolved or the underlying interest is satisfied.
You need to protect an interest in someone else's land before they deal with it, but lodge incorrectly and you face a compensation claim.
What's included in your caveat service
- Caveatable interest assessment and advice.
- Caveat preparation and lodgement at the Lands Titles Office.
- Lapsing notice monitoring and response.
- Supreme Court application preparation if required.
- Withdrawal of caveat preparation when required.
What goes wrong when caveats are lodged or managed incorrectly?
Here is how we protect your interest in land correctly and completely.
Interest assessed, caveat lodged, lapsing notice managed within time.
Assess and advise.
We assess whether your interest is caveatable and advise on the risk of lodging before any steps are taken.
Prepare and lodge.
We prepare the caveat in the correct form and lodge it at the Lands Titles Office to protect your interest.
Monitor and defend.
We monitor for lapsing notices and act within the required timeframe to maintain the caveat if it is challenged.
Property lawyers experienced in caveats, lapsing notices, and caveatable interest advice across South Australia.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
