Are you interested in registering a caveat on a property in Western Australia? If so, it’s important to understand who can actually do so. In this article, we’ll explore the topic in depth to help you gain a better understanding.
Who Can Register a Caveat in Western Australia?
A caveat is a legal notice that can be lodged with the Department of Lands in Western Australia, which essentially acts as a warning that there may be an interest in a property. It’s typically lodged by someone who has an interest in the property but isn’t the registered owner.
According to the Transfer of Land Act 1893 (WA), there are several people who have the right to register a caveat, including:
- A person claiming an estate or interest in land that is unregistered.
- A purchaser under a contract of sale of land.
- A lessee under an unregistered lease of land.
It’s also worth noting that the person lodging the caveat must have a ‘caveatable interest’ in the property. This means that they must have some sort of legal or equitable interest in the property, such as a right to occupy the land, a mortgage or charge over the land, or an unregistered lease.
What Happens After a Caveat is Lodged?
Once a caveat is lodged, the registered owner of the property will be notified. They will then have the opportunity to either consent to the caveat or to dispute it. If they consent to the caveat, it will remain in place until the person lodging the caveat removes it. If they dispute it, one option is to apply to the Supreme Court of Western Australia to have it removed.
It’s also worth noting that there are penalties for lodging a caveat without reasonable cause. If the registered owner of the property can prove that the caveat was lodged without reasonable cause, the person who lodged the caveat may be liable to pay damages.
Contact Appius Lawyers Today
If you’re considering registering a caveat on a property in Western Australia, or you have any other property law-related questions, Appius Lawyers is here to help. Our experienced estate lawyers can provide you with the legal advice and guidance you need to ensure your interests are protected. Contact us today to schedule a consultation.