Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 90

Except in certain cases caveat to lapse after thirty days notice given to caveator

90. Except in certain cases caveat to lapse after thirty days notice given to
caveator



(1) Subject to this Act every such caveat except a caveat lodged by the
Registrar shall lapse as to any land affected by any transfer or other dealing
other than-

   (a)  a transmission under Division two of Part IV; or

   (b)  a transfer or dealing as to which the caveator or his agent has lodged
        with the Registrar his consent in writing; or

   (c)  in the case of a caveat lodged by or on behalf of a beneficiary
        claiming under a will or settlement-a transfer or dealing giving
        effect to the appointment of a new trustee or to any other transaction
        which in the opinion of the Registrar is not inimical to the interests
        of the beneficiaries; or

   (d)  a transfer or dealing which is expressed to be subject to the rights
        of the caveator; or



   (e)  a transfer or dealing the registration or entry of which is provided
        for in the caveat-

upon the expiration of thirty days after notice given by the Registrar to the
caveator that a transfer or dealing has been lodged for registration, but in
the case of a transfer or other dealing which does not dispose of the whole of
the estate or interest of the registered proprietor in the land affected
thereby the caveat shall lapse only to the extent necessary to permit the
registration of the transfer or dealing.

(2) If before the expiration of the said period of thirty days or such further
period as is specified in any order made under this subsection the caveator or
his agent appears before the Court and gives such undertaking or security or
lodges such sum as the Court considers sufficient to indemnify every person
against any damage that may be sustained by reason of any disposition of the
property being delayed, the Court may direct the Registrar to delay
registering any dealing with the land for a further period specified in the
order, or may make such other order (and in either case such order as to
costs) as is just.

(3) Any person who is adversely affected by any such caveat may bring
proceedings in the Court against the caveator for the removal of the caveat
and the Court may make such order as the Court thinks fit.

(4) Where a caveat lapses in whole or in part by virtue of subsection (1) in
consequence of the lodging of a transfer or dealing and the transfer or
dealing is withdrawn from registration or the Registrar exercises any of the
powers conferred on him by section 105(1) in respect of it, the Registrar
shall reinstate the recording of the caveat in any relevant part of the
Register to which the caveat relates and the caveat shall thereupon have
effect as if it had not lapsed.

(5) Nothing in subsections (1), (2), (3) and (4) shall apply to or in relation
to the case where there is lodged for registration a transfer or dealing that
is to pass to the caveator upon being registered the estate or interest in any
land that he claims in the caveat.

(6) In any case of the kind referred to in subsection (5), the caveat shall
lapse as to the land affected by the transfer or dealing upon registration
thereof.