Queensland Consolidated Acts
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LAND TITLE ACT 1994 - SECT 126
Lapsing of caveat
126 Lapsing of caveat
(1) This section does not apply to a caveat if—
(a) it is lodged by the
registered owner; or
(b) the consent of the registered owner, in the
appropriate form, is deposited when the caveat is lodged; or
(c) an office
copy of a court order mentioned in section 122 (1) (d) or (e) is deposited
when the caveat is lodged; or
(d) it is lodged by the registrar under
section 17 ; or
(e) it is lodged other than under this division.
However, this section applies to a caveat lodged by the registered owner of a
(a) the lot is subject to a mortgage; and
(b) the grounds stated in
the caveat relate to the actions of the mortgagee in relation to—
(i) if the
mortgage is registered—registration of the mortgage; or
mortgagee’s power of sale.
(2) The caveatee of a caveat to which this
(a) may serve on the caveator a notice requiring the
caveator to start a proceeding in a court of competent jurisdiction to
establish the interest claimed under the caveat; and
See section 131
in relation to the service of notices on the caveator.
(b) if the caveatee
serves a notice under paragraph (a) —must, within 14 days after the notice
is served, deposit an instrument notifying the registrar of the service of the
(4) If a caveator does not want a caveat to which this section
applies to lapse, the caveator must—
(a) start a proceeding in a court of
competent jurisdiction to establish the interest claimed under the caveat—
(i) if the caveatee has served a notice under subsection (2) (a) on the
caveator and has complied with subsection (2) (b) —within 14 days after the
notice is served on the caveator; or
(ii) otherwise—within 3 months after
the lodgement of the caveat; and
(b) notify the registrar, by depositing an
instrument, within the 14 days or the 3 months that a proceeding has been
started and identify the proceeding.
(5) If the caveator does not comply with
subsection (4) , the caveat lapses.
(6) The caveator is taken to have
complied with subsection (4) (a) if, before the caveat was lodged—
proceeding has been started in a court of competent jurisdiction to establish
the interest claimed under the caveat; and
(b) the proceeding has not been
decided, discontinued or withdrawn.
(7) The registrar may remove a caveat
that has lapsed from the freehold land register.
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