Caveator's consent

The caveator may consent to the registration of a Real Property Act dealing that is prohibited by the caveat. A caveator's consent must:

  • be addressed to the Registrar General, NSW Land Registry Services, NSW
  • be in writing, either endorsed on the dealing or on an attached page;
  • be signed by any person authorised to sign a withdrawal of the caveat. The signature must be witnessed if signed by a private party or the consent does not appear on a letterhead, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [40.600]; and state:
    • the name of the caveator
    • the registered number of the caveat
    • the type of dealing and name of the party to which the consent refers and
  • be absolute. Any qualification or contingency is unacceptable.

The caveator's consent notification is removed from the Register upon removal of the caveat or the registered interest to which the caveator has consented.

A caveator who consents to the registration of a dealing also consents to the exercise of any powers the registered proprietors of that dealing may acquire. For example, a caveator who consents to the registration of a mortgage cannot prevent the mortgagee from transferring, mortgaging, discharging or exercising power of sale under the mortgage.

Note  A variation of a registered mortgage or lease is prohibited even though the caveator may have consented to the registration of the mortgage or lease.

On lodgment of a Preparation of Lapsing Notice form 08LX pursuant to s74I Real Property Act 1900, the consent of the caveator will not be acted upon to cancel the lapsing action where it is furnished after service of the lapsing notice on the caveator.

Staff processing information

Where a caveator's consent is furnished after lodgment of a Preparation of Lapsing Notices form 08LX and before service of the lapsing notice on the caveator, the subject dealing may be registered if otherwise in order and the Preparation of Lapsing Notices form 08LX must be sent to SD51 for withdrawal action. For determining the time of service of the lapsing notice on the caveator see Senior Examining Officer.

For a caveator's consent lodged with a dealing that can lapse the caveat pursuant to s74H(6) and (7) Real Property Act 1900.

Registration procedure

Entry of caveator's consent

ADD. TRANSACTION    UNDR

PRIME CODE  code of caveat as shown on the Register

PRIME NO.  number of caveat consenting

SUB CODE  UXC.

Removal of caveator's consent

(necessary when removing the dealing to which the consent relates)

ADD. TRANSACTION  OFF

PRIME CODE  code of caveat consenting as shown on the Register

PRIME NO.  number of caveat consenting

SUB CODE  code of caveator consent

SUB NO.  number of dealing being removed