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 Once a caveat is lodged in NSW it remains effective until it is withdrawn (either by the caveator or court order) or until it lapses.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):
- Caveats requiring an attachment, such as a sketch plan.
- 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.
- Caveats requiring the written consent of the registered proprietor, for the purposes of section 74O of the Real Property Act 1900.
An electronic caveat does not require a CoRD Holder Consent.
For information to assist with completing a Caveat in PEXA, see PEXA guidance notes Complete a Caveat page.