Information on placing a caveat

When placing a caveat on a property, do I only have to provide proof of a caveatable interest if the caveat is challenged? Or do I have to provide proof when lodging the caveat?

Thanks
 
When placing a caveat on a property, do I only have to provide proof of a caveatable interest if the caveat is challenged? Or do I have to provide proof when lodging the caveat?

Thanks

Generally only have to list the interest on the caveat with no proof required.

Be careful as it could be costly - supreme court action potentially so get legal advice.
 
Thanks for the reply Terry_w.

You were very helpful.

I sought pro bono legal advice a few weeks back regarding the caveat. Upon what I explained to the solicitor she believes I definitely have a caveatable interest. Later on after the meeting I was a little unsure whether I needed the proof upon lodging or only if I need to prove my interest in court ? if it came to that.

The only thing is I can?t find a document relating to funds I loaned relating to property.
I?m not concerned about heading to Supreme Court, as the other party wouldn?t go down that path for various reasons.

I?d like to lodge the caveat myself, as I don?t really have the cash to pay a solicitor at this point in time thanks to it all being tied up in the property in question.
 
As long as you are confident of your interest it is straight forward. Adverse damages and legals can be very expensive if it was to turn out you don't have a caveatable interest
 
Sure, if you place an unwarranted caveat on a property and it ends up costing the owner (due to delayed settlement, unable to sell etc etc), the owner might just sue you (if they decide you have enough assets to justify the action).
 
Sure, if you place an unwarranted caveat on a property and it ends up costing the owner (due to delayed settlement, unable to sell etc etc), the owner might just sue you (if they decide you have enough assets to justify the action).

What do you say your caveatable interest is?
 
Sorry for the delayed response.

I bought a property with a relative. Unfortunately the property was in their name (as I was temporarily unemployed at the time). I paid half of the deposit with my life savings and completed all renovations myself over a year.

At completion we were supposed to flip the property for profit but my relative decided to move in and our communication has since broken down. They are now being extremely unreasonable.

The property is now up for sale and I wasn't informed of it and have had no input in the price, real-estate agent etc and I have heard through other relatives they plan on moving interstate once the property is sold.

So as I can't talk logically with them and it looks like I wont be getting my money back. I feel my only option is to place a caveat.

If anyone can help me with how exactly to go about lodging one, that would be great!

Thanks
 
not sure how you will go with this, I know in WA that when I recently lodged a caveat it was Landgate that really drilled me before they would place it on. They wanted to know the full details, see the associated paperwork etc.
 
If anyone can help me with how exactly to go about lodging one, that would be great!

Thanks

Go and see a lawyer and tell them your story. They will probably think you have an equitable interest in the property and help you draft the appropriate ldogement form and lodge. Get it wrong and it could be invalid and/or easily removed.

BTW being unemployed is no hinderance to being on title, even if finance is involved.
 
Generally only have to list the interest on the caveat with no proof required.

Be careful as it could be costly - supreme court action potentially so get legal advice.

Can you place a caveat on an unmortgaged property you own or your trust owns, so nobody tries to sell your property via identity theft (eg. a few year's ago African scammers sold some people's unmortgaged property who lived overseas).

Does lodging a caveat also make it look like there's money owning on the property & less likely for dodgy lawsuits being filed against someone who's property has lots of available equity?
 
Can you place a caveat on an unmortgaged property you own or your trust owns, so nobody tries to sell your property via identity theft (eg. a few year's ago African scammers sold some people's unmortgaged property who lived overseas).

Does lodging a caveat also make it look like there's money owning on the property & less likely for dodgy lawsuits being filed against someone who's property has lots of available equity?

I am not sure you could lodge a caveat over your own property. If you have legal title what would be the point of a caveat?

If someone is going to forge documents they could also forge a discharge of caveat form too couldn't they.

Caveats don't show there is money owning on a property but that someone has some sort of non legal interest. It may discourage potential creditors, very slightly, but a search could lead them to the caveat and then to what this interest is.
 
Can you place a caveat on an unmortgaged property you own or your trust owns, so nobody tries to sell your property via identity theft (eg. a few year's ago African scammers sold some people's unmortgaged property who lived overseas).

there's a new product for this specific purpose, it's called a "Caveat (Improper Dealings)" and yes of course you should have it

Does lodging a caveat also make it look like there's money owning on the property & less likely for dodgy lawsuits being filed against someone who's property has lots of available equity?

a caveat won't help much for that. Good structure and a mortgage of any value will.
 
there's a new product for this specific purpose, it's called a "Caveat (Improper Dealings)" and yes of course you should have it

Looks like this is only available on WA located property. It requires the caveators to attend the land titles office to remove, this way the land titles can do a physical ID check. Good idea, but could be very inconvenient if you are unable to attend.
 
Looks like this is only available on WA located property. It requires the caveators to attend the land titles office to remove, this way the land titles can do a physical ID check. Good idea, but could be very inconvenient if you are unable to attend.

agreed could be inconvenient, very much pitched at the type of person that buys one house and lives in it forever. Am sure the other states will follow with this product very soon.
 
I am not sure you could lodge a caveat over your own property. If you have legal title what would be the point of a caveat?

If it's owned in a trust, you wouldn't own the property but the legal owner would be he corporate trustee. My thinking was that you would be the beneficiary of the trust so you have an interest in the property therefore the caveat could protect your interest & also make the property a bit more secure from someone trying to sue & get the equity from that property. At least if they do a title search & see the caveat.

Looks like this is only available on WA located property. It requires the caveators to attend the land titles office to remove, this way the land titles can do a physical ID check. Good idea, but could be very inconvenient if you are unable to attend.

Sounds like something good if you have an unemcumbered property & are worried about something happening like in the past with those African scammers.
 
If it's owned in a trust, you wouldn't own the property but the legal owner would be he corporate trustee. My thinking was that you would be the beneficiary of the trust so you have an interest in the property therefore the caveat could protect your interest & also make the property a bit more secure from someone trying to sue & get the equity from that property. At least if they do a title search & see the caveat.



Sounds like something good if you have an unemcumbered property & are worried about something happening like in the past with those African scammers.

Yes, a beneficiary of a trust may be able to lodge a caveat. But a caveat is not a form of security, it just prevents further dealings and notifies the world of your interest in the property.
 
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