At Caveat Removal Victoria, we offer four methods to remove a caveat on a property in Victoria.
These methods are:
1. by persuading the caveator to withdraw the caveat by Letter of Demand,
2. issuing a ‘Lapsing Notice’,
3. Caveat Removal via the Supreme Court of Victoria for urgent matters, and
4. voluntary withdrawal of a caveat you previously lodged yourself.
Please read more about our four approaches to find the one most suitable for your needs.
- Letter of Demand
In order to demand the removal of a wrongful caveat by the person that lodged it (the caveator), we will assist you in preparing and serving a Letter of Demand on them. This will also notify the caveator that in the event any court removal action is required, you intend to make an application to the Court that they pay your legal costs in full. If that caveator is sensibly advised, they wilfully consent to removal of the caveat on the property in Victoria without further trouble. - Lapsing Notice (allow 55 days for lapsing notice to be issued by the Registrar of Titles)
By issuing a ‘lapsing notice’, you effectively put the person (caveator) who lodged the wrongful caveat on notice. It will be removed unless they commence court proceedings within 30 days to substantiate the maintenance of the caveat. In this case, the caveator can either take no action and the caveat will then lapse. Alternately they will attempt to substantiate their caveatable interest by initiating court proceedings. Initiating court proceedings is expensive, time consuming and has serious costs consequences for the unsuccessful party. A caveator will rarely commence proceedings if they know their caveat to be improper. - Supreme Court Application (for urgent removal – less than 55 days)
In cases where it is imperative that you urgently remove a wrongful caveat (less than 55 days), we can make a rapid application to the Supreme Court of Victoria. In cases where the wrongful caveat may delay settlement or your ability to access finance, we can expedite caveat removal via the Supreme Court of Victoria. Please download the ‘Going to Court’ document to read more about the court process. - Voluntary Caveat Withdrawal
In cases where you have previously lodged a caveat over a property, you can engage Caveat Removal Victoria to assist with a straightforward process of withdrawing this caveat should you no longer need to maintain it.
*Please note that options 1 through 3 above are designed to address wrongful caveats. If a caveat has been properly lodged but you still want us to assist you in negotiating its removal, please lodge a request and we will quote you separately for this.
Find out more about these options at Our Services page.
Please Contact Caveat Removal Victoria should you wish to undertake one of the above methods to remove a caveat on a property in Victoria.
