Caveat noted on the Register

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

  • where a withdrawal of the caveat will be lodged
  • a consent of the caveator to the dealing will be 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 must 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.

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) must be referred to the Senior Examining Officer, see s74H(1)(b) Real Property Act 1900. If doubt exists the Senior Examining Officer must refer the case to Legal.

Note

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