Caveat (electronic)

A caveat is a form of statutory injunction provided for under the Real Property Act 1900. A caveat records a claim for a legal or equitable estate or interest in land. Once a caveat is lodged in NSW it remains effective until it is withdrawn (either by the caveator or court order) or until it lapses.

A caveat must not be lodged without reasonable cause. Any person who lodges a caveat without reasonable cause may be liable for damages.

A caveat noted on the Register will not prevent recording and is effective from the time of lodgment. For more information about caveats, see What is a Caveat? FAQ page.

An electronic Caveat can be lodged where it affects the whole of the land.

An electronic Caveat cannot be used (a paper Caveat form may be used) in the following instances:

  • When affecting part of the land including premises contained in a lease.
  • When affecting a registered interest (mortgage, lease or charge).
  • If there are multiple caveators and they are not represented by a single subscriber.
  • Where the written consent of the registered proprietor is required for the purposes of section 74O Real Property Act 1900.

An electronic caveat does not require a CoRD Holder Consent.

For information to assist with completing a Caveat in PEXA, see PEXA guidance notes Complete a Caveat page.