A caveat is a form of statutory injunction provided for under the Real Property Act 1900. A caveat records a claim for a legal or equitable estate or interest in land. Once a caveat is lodged in NSW it remains effective until it is withdrawn (either by the caveator or court order) or until it lapses.
A caveat must not be lodged without reasonable cause. Any person who lodges a caveat without reasonable cause may be liable for damages.
A caveat noted on the Register will not prevent recording and is effective from the time of lodgment. For more information about caveats, see What is a Caveat? FAQ page.
An electronic Caveat can be lodged where it affects the whole of the land.
The following caveats are not eligible to be lodged electronically (a paper Caveat form 08X should be used in these circumstances):
- where the caveator is not represented by a legal practitioner or licensed conveyancer
- Caveats affecting part of the land in a folio of the Register
- Caveats lodged against premises contained in a lease
- Caveats affecting a registered interest (e.g. a mortgage, lease or charge)
- Caveats involving multiple caveators who are not represented by a single subscriber.
An electronic caveat does not require a CoRD Holder Consent.
For information to assist with completing a Caveat in an ELNO, see ELNO guidance notes Complete a Caveat page.