A copy of a recorded caveat, including a Registrar General's caveat, will be inspected by NSW LRS in every instance to establish whether it may have an effect on the registration of a dealing, except for the following:

• where a withdrawal of the caveat has been lodged
• a consent of the caveator to the dealing is furnished or
• where the Registrar General's caveat is numbered D500000A, K200000D, K200000P, K200000R, K400000, Q1, Q160000 or R100691.

The land description, registered proprietor, terms of the prohibition, and the nature of the estate or interest claimed as set out in the caveat will all be carefully considered.

For example, a caveat claiming an estate or interest in Schedule 1 over less than the land indicated in the Land Description Panel may not prevent registration of any dealing affecting the part of the land not claimed against, e.g. a caveat drawn against the whole of the land but claiming an estate or interest as regards shop 10 on the 1st floor will not prevent registration of a dealing affecting any other shop or part of the building.

NOTE:

• a caveat affecting the fee simple will be examined where a dealing affects a leasehold title and
• where a caveat recorded on the Register will prevent registration of an incoming dealing, the dealing will be accepted for lodgment and a requisition raised.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/. 

Staff processing information

Any discrepancy between the details as set out on the front of the caveat form and in Schedule 1 (estate or interest claimed) will be first referred to a Senior Dealing Examiner for assessment and where further doubt exist, must be referred to Legal. See section 74H(1)(a) and (b) Real Property Act 1900.

NOTE:

• a caveat affecting the fee simple will be examined where a dealing affects a leasehold title and
• where a caveat recorded on the Register will prevent registration of an incoming dealing, the dealing will be accepted for lodgment and a requisition raised.