TRANSFER OF LAND ACT 1958 - SECT 26R Caveats

TRANSFER OF LAND ACT 1958 - SECT 26R

    (1)     Any person claiming an estate or interest in the land for which notice is required to be given in accordance with section 26Q(1) may, before the creation of the folio for the land or the removal of the warning, lodge a caveat with the Registrar in an appropriate approved form forbidding the creation of the folio or the removal of the warning.

    (2)     The registered proprietor of land to whom notice is required to be given in accordance with section 26Q(2) may, before the creation of the new folio for the land, lodge a caveat with the Registrar in an appropriate approved form forbidding the creation of the folio.

    (3)     On the lodgment of a caveat under this section, the Registrar—

        (a)     must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the warning is to be removed, of the caveat; and

        (b)     must not proceed with the creation of the folio or the removal of the warning until—

              (i)     the caveat has been withdrawn or has lapsed; or

S. 26R(3)(b)(ii) amended by No. 80/2009 s. 10(1).

              (ii)     a judgment or order in the matter has been obtained from a court.

S. 26R(4) amended by No. 80/2009 s. 10(1).

    (4)     The person notified under subsection (3)(a) may summon the caveator to attend before a court to show cause why the caveat should not be removed.

S. 26R(5) amended by No. 80/2009 s. 10(2).

    (5)     The court may make any order in the matter either ex parte or otherwise and as to costs as the court thinks fit.

    (6)     A caveat under this section is deemed to lapse after the expiration of 30 days from the lodgment of the caveat unless the caveator has within that time—

S. 26R(6)(a) substituted by No. 80/2009 s. 10(3)(a).

        (a)     given notice in writing to the Registrar that proceedings in a court to substantiate the claim of the caveator in relation to the land and the estate or interest therein in respect of which the application is made are on foot; or

S. 26R(6)(b) amended by No. 80/2009 s. 10(3)(b).

        (b)     obtained and served on the Registrar an injunction or order of a court restraining the Registrar from creating the folio or removing the warning.

    (7)     A caveat must not be renewed by or on behalf of the same person in respect of the same estate or interest.

S. 26R(8) amended by No. 80/2009 s. 10(4).

    (8)     If an application has been withdrawn under section 15 and a caveator has been put to expense without sufficient cause by reason of the application, the caveator is entitled to receive from the applicant any compensation that the court considers just and orders.

S. 26S inserted by No. 85/1998 s. 6.