A property caveat is a legal document which is lodged to provide notice of a legal claim to a property.

During a property transaction, there are few other legal actions which are more troublesome than a property caveat being applied for. The person who has filed the caveat is known as the caveator. It can significantly delay the purchase and sale of a property.

In order to establish that you have a caveatable interest over the property, a caveator needs to show that they have sufficient interest over the
property. This may be in the form of:

  • Equitable mortgage; and
  • They are buyer of the property where settlement is not effected for sometime.

Basic form requirements include the following:

  • The name and address of the person who lodged the caveat;
  • The name and address of the person who owns the property or has an interest in it;
  • The interest claimed by the person who lodged the caveat;
  • A verified statutory declaration.

Please contact us Roman Lawyers if you would like to place a caveat on a property or would like to have the caveat removed from a property.