New South Wales Consolidated Regulations

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REAL PROPERTY REGULATION 2014 - SCHEDULE 3

SCHEDULE 3 – Particulars of estate or interest to be specified in caveats

(Clause 7)

1

Particulars of the nature of the estate or interest in land claimed by the caveator.

2

The facts on which the claim is founded, including (if appropriate) a statement as to the manner in which the estate or interest claimed is derived from the registered proprietor of the estate or interest or the primary or possessory applicant against which the caveat is to operate.

3

If the caveator's claim is based (wholly or in part) on the terms of a written agreement or other instrument, particulars of the nature and date of that agreement or instrument and the parties to it.

4

If the caveator claims as mortgagee, chargee or covenant chargee, a statement of the amount (if readily ascertainable) of the debt or other sum of money charged on the land (or, if the amount is not readily ascertainable, the nature of the debt, annuity, rent-charge or other charge secured on the land).

5

If the caveator claims as lessee for a term or for a renewal or extension of a term, particulars of the duration of the term or renewed or extended term and its commencing date (and, if the agreement for the term, renewal or extension includes an option for the renewal or extension of the term or to purchase the reversion, a statement to the appropriate effect).

6

If the caveator claims an easement, particulars of the land or authority that has or is intended to have the benefit of the easement.

7

If the caveator claims a profit à prendre, particulars of the land or authority intended to have the benefit of the profit à prendre.

8

If the caveator claims a right to the benefit of a restriction on the use of land, particulars of the land or authority intended to have the benefit of the restriction.

9

If the caveator claims a right to the benefit of a positive covenant, particulars of the land or authority intended to have the benefit of the covenant.

10

It is not necessary to specify:

(a) whether the estate or interest claimed is legal or equitable, or
(b) the quantum of the estate or interest claimed (except as provided in items 4 and 5), or
(c) how the estate or interest claimed ranks in priority with other estates and interests in the land.



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