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Lodge a caveat or withdrawal of caveat

A caveat is a notice provided under the Land Title Act 2000.

With some exceptions, it prohibits the registration of an instrument or document, including a prior unregistered instrument or document (unless expressly excluded in the caveat), and records a claim for a legal or equitable estate or interest in land.

To lodge a non-lapsing or lapsing caveat or withdrawal of caveat, follow the steps below.

A legal practitioner or conveyancer may do this on your behalf. It is highly recommended that you seek legal advice before preparing a caveat.

Staff at the Land Titles Office can't give legal advice or help you prepare a caveat.

General information

Once a caveat is lodged, it remains effective until it lapses, is cancelled, rejected, removed or withdrawn.

You should understand the purpose, effect and consequences of a caveat before it is prepared and lodged.

Anyone who lodges a caveat without reasonable cause may be liable to pay compensation to someone who has sustained loss or damages because of the caveat.

For more information on caveats including who can apply, see sections 137 to 147 of the Land Title Act 2000.

Types of caveats

There are two types of caveats.

Non-lapsing caveats will not automatically expire (lapse) like a lapsing caveat. They are permanent unless cancelled, rejected, removed or withdrawn.

A non-lapsing caveat can only be lodged if:

  • it is lodged by the registered owner/s of the lot
  • consent from the registered owner is included with the caveat when it is lodged
  • an office copy of a court order is lodged, either ordering that an interest in a lot be transferred or a registered proprietor is restrained from dealing with a lot
  • it is lodged by the Registrar-General under section 18 of the Land Title Act 2000
  • it is lodged other than under part 7 division 2 of the Land Title Act 2000.

If a caveat does not meet the requirements for a non-lapsing caveat, a lapsing caveat can be lodged instead.

A lapsing caveat will expire after three months from the lodgement date if nothing further happens. The Registrar-General may remove a caveat that has lapsed from the land register.

A lapsing caveat will not expire if the applicant who lodged the caveat (the caveator) notifies the Registrar-General using form 82 that they have started proceedings. See below for how to apply.

The Registrar-General will wait for the outcome of the proceedings.

Removing a lapsing caveat

The registered owner/s impacted by a caveat (the caveatee) can start proceedings to remove the caveat.

The caveatee can also serve a notice on the applicant who lodged the caveat requiring them to start proceedings and must notify the Registrar-General within 14 days of the notice served by lodging a form 80 - proof of service of notice on caveator.

See below for how to apply.

Notice to registered owners

The Registrar-General will send a notice in writing that a caveat has been lodged on title to each person affected by the caveat.

The notice is sent by registered mail to the owner’s address shown on title and the address provided to the Registrar-General on the caveat form.

Withdrawing a caveat

A caveator may withdraw a caveat by submitting a request for its withdrawal.

See how to submit below.

Fees

There is a $290 fee for a non-lapsing or lapsing caveat and a $176 fee for the withdrawal of caveat.

Before you apply

Before lodging with the LTO, read the guidelines relevant to you:

Apply in person or by mail

See the schedule of notes on the back of the forms for detailed steps and more information.

Your forms must be witnessed by a qualified witness.

Step 1: Print the relevant form below on a single sheet of A4 paper using double-sided printing.

Step 2: Fill in the application and have it signed by a qualified witness.

Step 3: Submit the application and pay the fee to the LTO in person or by mail.

Apply online (eConveyancing for practitioners)

If you're a legal practitioner or conveyancer, you can lodge a non-lapsing or lapsing caveat or withdrawal of caveat online.

To do this, you must be a subscriber.

In the ELNO, follow the relevant process below.

Access instrument and enter land details

Go to the caveat instrument.

Enter the land title reference (volume and folio reference). This will pre-fill in the land description.

Select owners affected by this caveat

You must select at least one owner.

Select claim date

Only do this if applicable.

Select extent of prohibition

This can be either absolutely or absolutely with exceptions.

Enter extent of prohibition exception details (if applicable)

This need only be entered if absolutely with exception is selected for step 4.

Enter details supporting the claim (if applicable)

Specify the grounds on which the interest is claimed.

For example:

  • "as purchaser under a contract of sale from A.B. dated………………………."
  • "as mortgagee under an instrument of mortgage from A.B. dated……………"

Select estate or interest claimed and claim category

Select relevant information.

Select claim statement

Select relevant statement.

Select basis of lodgement (if applicable)

By selecting a basis of lodgement, the caveat will become non-lapsing.

Upload attachments

Where registered proprietor’s consent or other evidence is required, attach to the dealing.

Access instrument and enter land details

Go to the caveat instrument.

Select interest affected

Select caveat number

If there are multiple caveats by the same caveator over the land to be withdrawn, a new application must be completed for each withdrawal of caveat.