AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 14

Caveat forbidding the bringing of land under this Act

(1)  A person who claims an estate or interest in land that is the subject of an application under section 11 may, before the creation of a folio of the Register for that land, lodge a caveat with the Recorder in accordance with an approved form forbidding the bringing of the land under this Act.
(2)  The Recorder, on the lodgement of a caveat pursuant to subsection (1) , shall notify the person who lodged an application under section 11 in respect of the land and shall not proceed with the application until –
(a) the caveat has been withdrawn or has lapsed as provided in subsection (3) ; or
(b) a judgment or order in the matter has been obtained from a court of competent jurisdiction.
(3)  On the expiration of 30 days after lodgement, a caveat lodged pursuant to subsection (1) lapses and ceases to have any effect unless the caveator has, within that period –
(a) commenced proceedings in a court of competent jurisdiction to establish the caveator’s title to the estate or interest specified in the caveat and has given written notice that the caveator has commenced proceedings to the Recorder, in which case the Recorder shall not proceed with the application until those proceedings have been determined; or
(b) obtained and served on the Recorder an injunction or order of a court of competent jurisdiction restraining the Recorder from bringing the land under this Act, in which case the Recorder shall not proceed with the application while that injunction or order is in force.
(4)  Unless permitted by a Supreme Court order, a caveat that has lapsed under subsection (3) may not be renewed and a new caveat may not be lodged by or on behalf of the same person in respect of the same estate or interest.
(5)  Section 133 (5) and (6) and section 135 apply to a caveat lodged pursuant to subsection (1) .



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