Priority between caveats and dealings

A caveat is effective from the time of lodgment and has priority over unregistered dealings that are not in registrable form.

A dealing is in 'registrable form' if:

  • it is in NSW LRS and not uplifted
  • requires no material correction, alteration or addition
  • is accompanied by an authority to use the certificate of title for registration purposes if required and
  • is in the approved form.
  • it is accompanied by a completed Notice of Sale or Transfer of Land form where required.

Note Where the caveat does not forbid registration of the dealing, priority between the caveat and the unregistered dealing is not considered.

Staff processing information

Where a caveat that has been uplifted, it is ineffective to prohibit the recording or registration of the matters prohibited by the caveat until it is relodged (see s 36(6AA) Real Property Act 1900). A caveat may have to be uplifted in order to satisfy one or more of the following matters:

  • the caveat has not been marked by Revenue NSW where required
  • Note (D) the name of the registered proprietor has been omitted or is obviously that of a different party
  • Note (F) the address for service of notices on the caveator is not stated, is not within Australia, or is a Post Office box
  • Note (G) no Item number has been stated. Note  Item 5 is only appropriate where the caveator is the registered proprietor of an estate or interest recorded on the Register. Item 6 is only appropriate where the period specified in any notice of extinguishment of a restrictive covenant pursuant to s81A or s81J Real Property Act 1900 or cancellation due to abandonment of an easement pursuant to s49 Real Property Act 1900 has not expired
  • Note (I) no claim or nature of instrument has been stated 
  • Note (I) the estate or interest claimed is pursuant to a writ
  • Note (K) the statutory declaration has not been signed by the caveator etc, or witnessed by a prescribed functionary.

The caveat loses priority over any other dealing that is in registerable form.

Where a caveat is connected to a dealing which is not in order for registration, or conversely where a dealing is attached to a caveat which is not in order, the case must be submitted to the Team Leader, Offline, DRD2 for consideration of priority, except where the caveat does not forbid registration of the dealing.

For more information on a substitute dealing or caveat.