Removal of an ineffective caveat

NOTE: All Statutory Declarations and evidence that are lodged in support of land dealings will be treated as publicly accessible and will be disclosed to persons upon request.

Section 32(6) Real Property Act 1900 allows for the cancellation of a caveat where its function has been exhausted or become ineffective. An application pursuant to s32(6) Real Property Act 1900 stating the grounds for removal must be made on a Request form 11R.  The certificate of title is not required. The standard lodgment fee is payable.

Staff processing information

A Request form 11R for the cancellation of a caveat where investigation reveals its function has been exhausted or become ineffective must be referred to DRD2 for approval to cancel the recording. Reference to the dealing which rendered the caveat spent or ineffective must be made in a marginal note on the dealing being registered, or be included in the memorial of cancellation on a manual folio of the Register.