LAND TITLES ACT 1925 - SECT 104 Lodging of caveat

LAND TITLES ACT 1925 - SECT 104

    (1)     A caveat, in relation to land, shall not be entered in the register unless it is lodged by—

        (a)     if the land is to be held by the transferee as trustee—the transferor of the land; or

        (b)     a person claiming an interest in the land or his or her legal practitioner; or

        (c)     where a person claiming an interest in the land so authorises in writing—the agent of that person.

    (2)     Subject to subsections (3) to (5), a caveat may prohibit the registration of any document affecting the land or interest in respect of which it is entered in the register.

    (3)     A caveat may be restricted in operation by stating—

        (a)     that specified types of documents are not prohibited from registration by the caveat; or

        (b)     that 1 or more of the types of documents referred to in subsection (5) are prohibited from registration by the caveat.

    (4)     A caveat can not prohibit—

        (a)     the registration of a writ or the lapsing, withdrawal, cancellation or removal of a writ; or

        (b)     the registration of a caveat or the lapsing, withdrawal or removal of a caveat; or

        (c)     the registration of an instrument executed by a mortgagee whose interest was registered before lodgment of the caveat; or

        (d)     a correction or alteration of the register by the registrar-general under section 107C (2), 160, 161 or 162A.

    (5)     Unless a caveat states that it prohibits 1 or more of the following types of registration, those registrations are not prohibited:

        (a)     registration of the survivor of joint proprietors under section 55 ;

        (b)     registration of the vesting of an interest in land under section 68 ;

        (c)     registration of the resumption and withdrawal of land under section 87B ;

        (d)     registration of the discharge of a mortgage or encumbrance under section 101;

        (e)     registration of an easement under section 103B;

        (f)     registration of the extinguishment of an easement under section 103E ;

        (g)     registration of the variation of an easement under section 103F ;

        (h)     registration of an incorporeal right under section 103G;

              (i)     registration of the extinguishment of an incorporeal right under section 103H;

        (j)     registration of a transmission by bankruptcy or insolvency under section 132;

        (k)     registration of a transmission by death to an executor, executrix, administrator or administratrix under section 135;

        (l)     registration of new or additional trustees under section 138A ;

        (m)     registration of a declaration by an executor or executrix under section 138B;

        (n)     registration of an instrument executed by a lessor whose interest was registered before the caveat if the lessor has power under the lease to execute the instrument.

    (6)     Every such caveat shall state the name and address of the caveator, and shall contain a sufficient description to identify the land and the interest therein claimed by the caveator, and, except in case of caveats lodged by order of the court or by the registrar-general, as in this Act provided, shall be signed by the caveator or by his or her legal practitioner or agent in the ACT.

    (7)     No such caveat shall be received unless some address or place within the ACT is specified in the caveat as the address for service of notices and proceedings relating to the caveat.

    (8)     In this section:

"court" includes the Family Court of Australia and any other court having jurisdiction under the Family Law Act 1975

(Cwlth).