If you believe there is an improperly lodged or wrongful caveat in place on your property, or a property you wish to buy or sell, there are a few options open to you for its removal.
Firstly, you can request that we assist you in submitting a Letter of Demand to the caveator. This means you are effectively communicating to them that you are willing to take the matter further. This means elevating it to the Supreme Court of Victoria if necessary.
Another route involves issuing a lapsing notice. This puts the caveator on notice that the wrongful caveat will be removed if they do not initiate court proceedings within 30 days. This puts the onus on them to either see the caveat lapse or take action to substantiate maintenance of the caveat.
To remove a caveat in Victoria urgently, it is necessary to seek caveat withdrawal via the Supreme Court of Victoria. When deciding whether or not to go down this route, we advise you to consider the risks and rewards. Litigation should be commercially focussed. You are seeking to gain an advantageous commercial result when weighed up against the costs and the risks.
While our fixed fee for this method of caveat removal is $13,200, please bear in mind that the majority of your costs will generally be covered in the event that you win. Should your case prove successful, our experience shows that approximately 90% of your total legal costs will be recovered. As such, in many cases it makes sense for us to assist you in pursuing the urgent removal of a caveat. This is especially true when considering lost opportunities due to an inability to obtain finance or settle a potential sale.
For an extensive breakdown of the entire Supreme Court process with Caveat Removal Victoria, please download our ‘Going to Court’ document.
Find out more about these options at Our Services page.
Please Contact Caveat Removal Victoria should you wish to begin the process of caveat withdrawal via the Supreme Court of Victoria.
