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REAL PROPERTY ACT 1900 - SECT 74F
Lodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants
74F Lodgment of caveats against dealings, possessory applications, plans and
applications for cancellation of easements or extinguishment of restrictive
covenants
(1) Any person who, by virtue of any unregistered dealing or by devolution of
law or otherwise, claims to be entitled to a legal or equitable estate or
interest in land under the provisions of this Act may lodge with the
Registrar-General a caveat prohibiting the recording of any dealing affecting
the estate or interest to which the person claims to be entitled.
(2) Any
registered proprietor of an estate or interest who fears an improper dealing
with the estate or interest by another person may lodge with the
Registrar-General a caveat prohibiting the recording of any dealing affecting
the estate or interest.
(3) Any person who claims to be entitled to a legal
or equitable estate or interest in land that is or may become the subject of a
possessory application may, at any time before such an application is granted,
lodge with the Registrar-General a caveat prohibiting the Registrar-General
from granting such an application.
(4) Any person who claims to be entitled
to a legal or equitable estate or interest in land that is the subject of a
delimitation plan lodged for registration under section 28V may, at any time
before the plan is registered, lodge with the Registrar-General a caveat
prohibiting the registration of the delimitation plan.
(4A) Any person who
claims to be entitled to any legal or equitable interest in an easement the
recording of which is the subject of an application for cancellation under
section 49 may, at any time before the application is granted, lodge with the
Registrar-General a caveat prohibiting the Registrar-General from granting the
application.
(4B) Any of the following persons may lodge with the
Registrar-General a caveat prohibiting the Registrar-General from granting an
application to extinguish a restrictive covenant-- (a) a person who has a
registered interest in the land to which the benefit of the restrictive
covenant is appurtenant,
(b) a person who claims to be entitled to an
equitable estate or interest in that land,
(c) a person who is recorded in
the Register as having the right to release, vary or modify the restrictive
covenant,
(d) a person who is recorded in the Register as a person whose
consent is required to a release, variation or modification of the restrictive
covenant.
(4C) A caveat may be lodged under subsection (4B) whether or not
the restrictive covenant is already the subject of an application for
extinguishment under Part 8A. However, if such an application has been made
and a notice in relation to the application has been given under section 81D
then, to be effective, the caveat may only be lodged before the end of the
period specified in the notice.
(5) A caveat lodged under this section must--
(a) be in the approved form,
(b) specify-- (i) the name of the caveator,
(ii) where the caveator is not a body corporate--the residential address of
the caveator,
(iii) where the caveator is a body corporate--the address of
the registered office of the body corporate,
(iv) unless the
Registrar-General dispenses with those particulars--the name and address of
the registered proprietor concerned,
(v) the prescribed particulars of the
legal or equitable estate or interest, or the right arising out of a
restrictive covenant, to which the caveator claims to be entitled,
(vi) the
current reference allocated by the Registrar-General to the folio of the
Register, or, as the case may be, the lease, mortgage or charge, to which the
caveat relates,
(vii) where the caveat relates only to part of the land
described in a folio of the Register or a current lease--a description of that
part in the form or manner prescribed, and
(viii) an address in Australia at
which notices may be served on the caveator (and, if that address is a box at
a document exchange, an alternative address in Australia that is not such a
box),
(c) be verified by statutory declaration or, in the case of a caveat
lodged electronically, be verified in a way approved by the Registrar-General,
and
(d) be signed by the caveator or by a solicitor or other agent of the
caveator.
(6) On the lodgment of a caveat under subsection (1), the
Registrar-General must give notice in writing of the lodgment of the caveat to
the registered proprietor of the estate or interest affected by the caveat
by-- (a) sending the notice by post to the address of the registered
proprietor specified in the caveat, or
(b) giving the notice in such other
manner, whether by advertisement or otherwise, as the Registrar-General
considers appropriate.
(7) In subsection (6), a reference to the registered
proprietor in relation to an estate or interest referred to in that subsection
includes a reference to a person who claims to be entitled to such an estate
or interest under a dealing lodged in the office of the Registrar-General for
recording in the Register.
(8) On the lodgment of a caveat under subsection
(3), the Registrar-General shall, if a possessory application referred to in
that subsection has been lodged in the office of the Registrar-General, give
notice in writing of the lodgment of the caveat to the possessory applicant
concerned.
(9) On the lodgment of a caveat under subsection (4), the
Registrar-General shall give notice in writing of the lodgment of the caveat
to the registered proprietor of the estate or interest affected by the caveat.
(10) On the lodgment of a caveat under subsection (4A) in relation to an
easement, the Registrar-General must, if an application for cancellation of
the recording of the easement has been lodged in the office of the
Registrar-General, give notice in writing of the lodgment of the caveat to the
applicant concerned.
(11) On the lodgment of a caveat under subsection (4B)
in relation to a restrictive covenant, the Registrar-General must, if an
application for extinguishment of the restrictive covenant has been lodged in
the office of the Registrar-General, or is later lodged, give notice in
writing of the lodgment of the caveat to the applicant concerned.
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