AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 138E

Caveat forbidding granting of application under section 138D

(1)  A person claiming an estate or interest in the land in respect of which an application under section 138D is made may, before the Recorder makes a vesting order in respect of the application, lodge a caveat with the Recorder in an approved form forbidding the granting of the application.
(2)  A caveat under this section lapses unless the caveator has, within 30 days after lodgement, lodged with the Recorder a document in an approved form specifying the grounds for the caveat.
(3)  The Recorder must not proceed with the application to which the caveat relates unless –
(a) the caveat has been withdrawn; or
(b) the caveat has lapsed; or
(c) if grounds for the caveat have been lodged within the time specified in subsection (2) , the Recorder has carried out an investigation of the caveat.
(4)  In investigating the caveat, the Recorder may make such investigations as the Recorder considers necessary for the proper determination of the caveat, including conducting an inquiry under section 160(2) .
(4A)  On completing the investigation of the caveat, the Recorder may grant or refuse to grant the application to which the caveat relates.
(5)  On the application of any person who the Supreme Court is satisfied has a proper interest in the matter, the Court may remove into the Court any proceedings before the Recorder on an application for an order under this Part.
(6)  A caveat under this section may be withdrawn as provided by section 133(5) and (6) but the other provisions of that section do not apply to the caveat.



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