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The appearance of a caveat on your property title can be a source of confusion and concern. Understanding who has the authority to place a caveat on your property is crucial for navigating this intricate aspect of property law in Victoria. Legitimate Caveators: Who Can Lodge a Caveat? Improper Caveats: A Wrongful Caveat on your…

Discovering a caveat on your property title can be perplexing and raise numerous questions about its origins and implications. To demystify this situation, let’s explore common reasons why a caveat may be lodged on your property in Victoria. Potential Reasons for a Caveat on Your Property in Victoria: The Purpose of a Caveat: The primary…

In the realm of property transactions, the term “caveatable interest” holds significant importance. But what exactly does it mean, and why should it matter to you? Let’s delve into the intricacies of caveatable interests to gain a comprehensive understanding. Defining a Caveatable Interest A caveatable interest refers to a legal or other equitable interests that…

At Caveat Removal Victoria, we’re thrilled to announce our latest offering – the Document Review and Advice service. Understanding the potential complexities of property-related documents is crucial, and our experts are here to provide clarity and guidance. What does this new offering entail? Our new service caters to individuals who are uncertain about the implications…

Understanding the nuances of when a caveat lapses in Victoria is crucial for property owners dealing with potential legal interests over their titles. In Victoria, a caveat can’t simply be waited out – proactive measures are necessary for its removal. Lapsing Notice – A Timely Solution For non-urgent caveat removal, issuing a lapsing notice is…

For less urgent caveat removal matters (where 55 days or more is an acceptable waiting time for you), the use of a lapsing notice is the ideal method for caveat removal in Victoria. In general, when you issue a lapsing notice to remove a caveat, you will need to allow 55 days for the entire…

Yes. The registration of a caveat on your title will prevent the sale process by making settlement impossible. Additionally, a caveat can prevent you from refinancing or taking out a mortgage. Although the discovery of a caveat prevents the majority of dealings relating to your title, you can take some comfort in that fact that…

How do I lodge a caveat in Victoria? If the concept of a caveat is completely new to you, let’s first define what this term means. What is a caveat?Under Victorian property law, a caveat acts to inform a potential buyer of the fact that a third party – referred to as the ‘caveator’ –…

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 removal of a wrongful caveat on your property does not need to be a long, drawn-out process.  For example, in less urgent situations, the issuing of a Lapsing Notice can be the perfect way to remove wrongful caveats. A Lapsing Notice places the onus on the caveator (the person who lodged the caveat) to substantiate the caveat within…

A caveat will remain in effect – encumbering a title – until it is either withdrawn by the caveator (the person who lodged the caveat on the property) or else removed by the issuing of a lapsing notice or court order. In short, a caveat does not magically disappear after a set amount of time. You cannot…

The short answer here is ‘no’, in most circumstances a property cannot be sold if a caveat is in place. Many people refer to a caveat as an ‘encumbrance’. This is because it has been registered over the title to a property. This is done precisely in order to stop other interested parties from dealing…

The length of time required to remove a caveat in Victoria will depend on the option taken to remove it. This in turn depends on whether or not you urgently need to remove a caveat from your property. In general, non-urgent removal takes approximately 55 days. Urgent caveat removal via the Supreme Court of Victoria,…

At Caveat Removal Victoria, we offer four methods to remove a caveat on a property in Victoria. These methods are:1. By consent through a Letter of Demand,2. Issuing a ‘Lapsing Notice’,3. Voluntary withdrawal of a caveat you previously lodged yourself, and4. Caveat Removal via the Supreme Court of Victoria. As these methods pertain to differing…

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…

Before we get into what exactly constitutes an improper caveat, let’s first define proper, or lawful, caveats. What is a proper caveat? A proper caveat is one that protects the legitimate interests in land of the person who lodged it (the caveator). Lawful caveats arise when there is an agreement by one party to allow…

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, and4. voluntary withdrawal of a caveat you previously…

What is a caveat, exactly? Caveats can arise when dealing with property in Victoria. Under Victorian property law, caveats inform a potential buyer of the fact that a third party – or ‘caveator’ – has potential grounds for some form of legal interest over the title, or is otherwise claiming a right over the property.…