REAL PROPERTY ACT 1900 - SECT 74B Lodgment of caveats against primary applications

REAL PROPERTY ACT 1900 - SECT 74B

74B Lodgment of caveats against primary applications

(1) A person who claims a legal or equitable estate or interest in land that is the subject of a primary application, or in any part of any such land, may, at any time before a folio of the Register is created for that land or part under section 17 (2), lodge with the Registrar-General a caveat prohibiting the bringing of that land or part under the provisions of this Act.

(2) A caveat lodged under subsection (1) must--

(a) be in the approved form,

(b) specify--

(i) the name of the caveator,

(ii) where the caveator is not a body corporate--the residential address of the caveator,

(iii) where the caveator is a body corporate--the address of the registered office of the body corporate,

(iv) the prescribed particulars of the estate or interest to which the caveator claims to be entitled,

(v) where the caveat relates only to part of the land that is the subject of the primary application--such description of that part as will enable it to be identified, and

(vi) an address in Australia at which notices may be served on the caveator (and, if that address is a box at a document exchange, an alternative address in Australia that is not such a box),

(c) be verified by statutory declaration or, in the case of a caveat lodged electronically, be verified in a way approved by the Registrar-General, and

(d) be signed by the caveator or by a solicitor or other agent of the caveator.

(3) On the lodgment of a caveat under subsection (1), the Registrar-General shall give notice in writing of the lodgment of the caveat to the primary applicant in relation to whose application the caveat has been lodged.