New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 74M

74M Withdrawal of caveats

(1) A caveat lodged under a provision of this Part may be withdrawn:

(a) by the caveator,

(b) by the authorised agent of the caveator,

(c) where the caveator is a natural person who has died-by the legal personal representative or trustee of the caveator’s estate,

(d) where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died-by the surviving caveator or caveators,

(e) where, after a company has been dissolved or deregistered, the estate or interest claimed by the caveator has become vested in the Australian Securities and Investments Commission by force of section 588 or 601AD of the Corporations Act 2001 of the Commonwealth-by the Australian Securities and Investments Commission,

(f) where the estate or interest claimed by the caveator has become vested in a trustee, The Official Receiver in Bankruptcy or any other person under or by virtue of a provision of any Act or any Act of the Commonwealth relating to bankruptcy-by the trustee, The Official Receiver in Bankruptcy or that other person, as the case may be,

(g) where the caveator is a protected person or a managed missing person within the meaning of the NSW Trustee and Guardian Act 2009 -by the person appointed as manager of the person’s estate or the NSW Trustee and Guardian, as the case requires, or

(h) in any other prescribed case-by the person, or a person belonging to the class of persons, prescribed in relation to that case.

(2) If:

(a) a caveat lodged under section 74F prohibits the granting of a possessory application, the registration of a delimitation plan or the grant of an application to extinguish a restrictive covenant, and

(b) the caveator has consented to the granting of the possessory application, the registration of the delimitation plan or the extinguishment of the restrictive covenant,

the caveat is taken to have been withdrawn.