Whether you’ve already sold your property or are about to do so, we highly advise you check for the existence of any caveats. Following the discovery of such, we recommend you engage a caveat removal lawyer as soon as possible. The presence of any caveat can severely hamper your ability to gain finance or complete the sale of a title.
So, how do I remove a Caveat in Victoria? What options do I have?
Usually only two main options are discussed when it comes to removing a caveat in Victoria:
Applying to the Registrar of Titles, and
Taking urgent action via the Supreme Court of Victoria.
However, at Caveat Removal Victoria, we offer a total of four methods to remove a caveat from your property.
Our methods are:
- issuing a Letter of Demand to persuade the caveator to withdraw the caveat;
- issuing a ‘Lapsing Notice’ via the Registrar of Titles;
- a Court Application for urgent caveat removal, and
- voluntary withdrawal of a caveat you previously lodged yourself or a person who agrees with the removal.
Please read more about our four methods to find the one most suitable for your scenario.
- Letter of Demand
To demand the removal of a wrongful caveat by the person that originally lodged it (the caveator), we assist in preparing and serving a Letter of Demand on them. This also notifies the caveator that should any court action be required, you intend to make an application to the Supreme Court that they cover your legal costs in full. If the caveator is sensibly advised, they will then wilfully consent to the removal of the caveat on the property without any further problems. This process is also appropriate where you might be unsure about whether or not the person who lodged the caveat has the caveatable interest they allege. For example, it is alleged that you signed a document that you do not have or cannot recall signing. - Lapsing Notice (allow 55 days for the lapsing notice to be issued by the Registrar of Titles)
By issuing a ‘lapsing notice’, you put the person (caveator) who lodged the 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 subsequently lapse. Altnerately they will attempt to substantiate their caveatable interest by initiating court proceedings. Initiating court proceedings is expensive, time consuming and has serious cost consequences should their attempt prove unsuccessful. A caveator will rarely commence proceedings if they know their caveat is wrongful or improper. - Supreme Court Application (for urgent removal in less than 55 days)
In cases where it is imperative that you urgently remove a wrongful caveat (less than 55 days), we make a rapid application to the Supreme Court of Victoria. In cases where the wrongful caveat may delay settlement or your ability to access urgent finance, we can expedite caveat removal via the Supreme Court of Victoria. Please download our ‘Going to Court’ document for further guidance concerning this method. - Voluntary Caveat Withdrawal
In cases where you have previously lodged a caveat over a property, you can engage Caveat Removal Victoria to assist with the straightforward process of withdrawing this the caveat.
*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 remove a caveat from a property in Victoria.
