Queensland Consolidated Acts

LAND ACT 1994 - SECT 389I

389I Cancelling caveat

(1) This section does not apply to a caveat prepared and registered under section 389L (1) .

(2) The registrar of titles may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that—

(a) the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or

(b) the claim of the caveator has been settled by agreement or otherwise satisfied; or

(c) the nature of the interest claimed does not entitle the caveator to prevent registration of a document that has been lodged; or

(d) if the caveator is a person who has the benefit of an order mentioned in section 389D (1) (c) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended.

(3) The registrar of titles must notify the caveator of the registrar’s intention to cancel the caveat at least 7 days before cancelling it.

(4) If a document that has been lodged will, on registration, give full effect to an interest claimed in a caveat, the registrar of titles may cancel the caveat immediately before registering the document.

(5) Also, the registrar of titles may cancel a caveat lodged by a person who has the benefit of an order mentioned in section 389D (1) (c) if—

(a) a document for a dealing other than a dealing restrained by the order is registered; and

(b) because of the registration of the document, the order can have no further effect to restrain dealings by the person subject to the order.