Unless the caveat otherwise specifies, the prohibitions listed in Schedule 2 of a Caveat form 08X (or the “Actions Prohibited By This Caveat” in the electronic caveat form) do not prohibit the recording of the actions listed below.
These exceptions are strictly observed and no other dealings will be registered. See, in particular, section 74H(5) Real Property Act 1900.
- a dealing recording the bankruptcy of a registered proprietor
- the cancellation of a caution, except where the caveator claims to be entitled to a subsisting interest within the meaning of section 28A Real Property Act 1900
- another caveat
- in relation to a caveat, an application under section 74I(1) or (2), 74J(1) or 74JA(2) Real Property Act 1900 for the preparation of a lapsing notice
- an application for the issue of:
- a consolidated folio of the Register; or
- separate folios of the Register where there is more than one registered proprietor for land or for an estate or interest in land
- a change of address of the owners corporation of a strata scheme or the association of a community title scheme
- a change of name or a correction to the name of a registered proprietor
- a dealing recording a conservation agreement under section 69F(1)(b) National Parks and Wildlife Act 1974
- a notation or an application for notation of cross-easements for party walls created by the operation of section 88BB or section 181B Conveyancing Act 1919
- an application under section 135B Real Property Act 1900 for the determination of a boundary by the Registrar General
- an easement
- created by a dealing if the caveat is noted on the folio for the land benefited by the easement or
- created by s88B(3) Conveyancing Act 1919
- a dealing varying, releasing or cancelling an easement, the abandonment of an easement or the effect of an instrument under section 88B Conveyancing Act 1919 releasing an easement, if the caveat is noted on the folio for the land burdened by the easement
- a Court Order modifying or extinguishing an easement under section 89 Conveyancing Act 1919
- in relation to a lease recorded or lodged in registrable form before the lodgment of the caveat, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under law
- a dealing by a lessor or sub-lessor recording the determination of a lease or sublease if the caveat is not recorded against the lease or sublease that is the subject of the determination
- a mortgage to the NSW Rural Assistance Authority where the caveat is lodged under the Farmers Relief Act 1932 or the Rural Reconstruction Act 1939
- a Court Order for the discharge of a mortgage under section 98 Conveyancing Act 1919
- in relation to a mortgage, charge or covenant charge recorded or lodged in registrable form before the lodgment of the caveat, a dealing effected by the mortgagee, chargee or covenant chargee in the exercise of a power of sale or other power or a right conferred by the mortgage, charge or covenant charge or by or under law
- in relation to a lease, mortgage, charge or covenant charge to the recording of which the caveator has consented or in respect of the recording of which the caveat has lapsed, a dealing effected by the lessee, mortgagee, chargee or covenant chargee, including a dealing effected in the exercise of a power of sale or other power or right conferred by the lease, mortgage, charge or covenant charge or by or under law
- a notice of death under section 101 Real Property Act 1900, unless the caveat claims through the deceased joint tenant
- a Court Order directing sale where it is obvious the caveat has been considered by the Court
- a positive covenant created under:
- section 88B(3), section 88D or section 88E Conveyancing Act 1919 or
- section 88BA Conveyancing Act 1919 for maintenance/repair of land that is the site of an easement and/or other land that is subject to the burden of the easement
- a dealing releasing or varying a positive covenant created under section 88BA, section 88D or section 88E Conveyancing Act 1919
- a Court Order extinguishing or modifying a positive covenant under section 89 Conveyancing Act 1919
- an application under section 12 Real Property Act 1900 for exercise of the Registrar General's power to compel production of an instrument
- a profit prendre created under section 88B(3) Conveyancing Act 1919
- an application for removal of restrictions lodged on Removal of Restrictions form 13KR
- a restriction on the use of land created by section 88B(3), section 88D or section 88E Conveyancing Act 1919
- a dealing releasing or varying a restriction on the use of land
- a Court Order extinguishing or modifying a restriction on the use of land under section 89 Conveyancing Act 1919
- a resumption or acquisition
- an application under:
- a dealing by one or more joint tenants the sole purpose of which is to sever the joint tenancy
- a transfer under section 713 Local Government Act 1993 unless:
- the caveat is pursuant to a Commonwealth law or
- the caveator's interest arises subsequently to the date of the transfer
- a transmission application by an executor, administrator or trustee in respect of the estate or interest of a deceased registered proprietor
- an application under section 12 Trustee Act 1925 or a Court Order or dealing which effects or evidences a replacement of existing trustees or the appointment of new or additional trustees
- a vesting or dealing effected in accordance with:
- a Court Order or
- a provision of an enactment of the State of NSW or the Commonwealth,
- being an order or enactment which, expressly or by implication, requires or permits a recording to be made in the Register, notwithstanding that the caveat is in force or
- a writ or the cancellation of the recording of a writ.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/.
Staff processing information
Where a qualification to the prohibition clause of the caveat allows certain dealings to be registered, those dealings must be marginally noted 'Caveat [dealing number] does not prevent registration'.
Publication Date: March 2024