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LAND TITLES ACT 1925 - SECT 107 Removal of caveat

LAND TITLES ACT 1925 - SECT 107

Removal of caveat

    (1)     A registered proprietor to whose interest in land a caveat relates may apply to the registrar-general to have the caveat removed.

Note 1     A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of an application to remove a caveat.

Note 2     If a form is approved under s 140 (Approved forms) for an application, the form must be used.

    (2)     On receipt of an application under subsection (1), the

registrar-general shall—

        (a)     give notice of the application to the caveator; and

        (b)     not less than 14 days from the date of service of the notice, remove the caveat from the register, unless the court otherwise orders.

    (3)     If the registrar-general believes on reasonable grounds that the caveator's interest has been extinguished by the transfer of the whole of the registered proprietor's interest to another person, the registrar-general may—

        (a)     give notice to the caveator that he or she believes that the caveator's interest has been extinguished and that he or she intends to remove the caveat from the register; and

        (b)     not less than 14 days from the date of service of the notice, remove the caveat from the register, unless within that time—

              (i)     the caveator shows to the satisfaction of the

registrar-general that his or her interest has not been extinguished; or

              (ii)     the court otherwise orders.