New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 74J

Lapse of caveat on application of proprietor of estate or interest

74J Lapse of caveat on application of proprietor of estate or interest

(1) Where a caveat lodged under section 74F remains in force, the Registrar-General shall, on an application being made in the approved form by the registered proprietor of an estate or interest in the land described in the caveat, prepare for service on the caveator a notice to the effect that, unless the caveator has, before the expiry of 21 days after the date of service of the notice:
(a) obtained from the Supreme Court an order extending the operation of the caveat for such further period as is specified in the order or until the further order of that Court, and
(b) lodged with the Registrar-General the order or an office copy of the order,
the caveat will (subject to evidence of due service of the notice on the caveator) lapse in accordance with subsection (4).
(2) The applicant must, within 4 weeks after the issue of the notice, lodge with the Registrar-General, in the form of a statutory declaration or such other form as the Registrar-General may accept, evidence of the due service of the notice on the caveator.
(3) If the applicant does not comply with subsection (2), the Registrar-General:
(a) may refuse to take any further action in connection with the notice prepared under subsection (1), or
(b) may serve on the applicant a notice allowing a further 4 weeks from the date of issue of that notice for lodgment of the evidence and, if the evidence is not lodged within the further period, may refuse to take any further action in connection with the notice prepared under subsection (1).
(4) If:
(a) the evidence required by subsection (2) is lodged within the time permitted by this section, and
(b) the caveator has not lodged with the Registrar-General the order or office copy of the order referred to in subsection (1) in accordance with that subsection,
the Registrar-General is to make a recording in the Register to the effect that the caveat has lapsed, and the caveat so lapses on the making of that recording.



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