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 30 days by commencing court proceedings. If court proceedings are not commenced within the stipulated timeframe, the caveat shall then automatically lapse after this 30 day time period.
However, the greatest risk here time-wise is that the caveator does in fact commence their own proceedings. This can substantially increase the time it takes to remove the caveat from your property. You must file a defence setting out why they are wrong about the caveat they are trying to maintain.
Accordingly, it is often in your best interests to make a rapid application for urgent caveat removal. This can be done directly to the Supreme Court of Victoria. This is especially important if the wrongful caveat could delay settlement or hamper the finance you require for the property.
The court process is generally achieved in about 10 days depending on court timetabling and the urgency of your matter.
If you have decided to no longer tolerate an improper caveat on your title, please contact us immediately to start the process.
Caveat Removal Victoria are experts in removing a caveat from your property. We are here to assist you in the rapid removal of a caveat over your title.
What are the steps for urgent removal?
1 – Caveat Removal Victoria will write an urgent Letter of Demand to the person who lodged the caveat requesting that they remove it immediately.
2 – If the person who lodged the caveat fails to respond or refuses to remove the caveat, we will prepare the necessary documents to lodge an urgent application to the Supreme Court of Victoria to have the caveat removed. This process usually takes less than 10 days.
3 – The matter will then be heard in the Practice Court of the Supreme Court by a Justice or Associate Justice of the Court. If the caveat is successfully removed, the court will provide a written order at the end of the hearing that we will send to the Registrar of Titles who will remove the caveat in 2-3 days.
