We can Lodge and Withdraw Caveats to protect your interests in the property. A caveat is a legal document that serves as a warning to anyone searching the title of the specific land that someone claims a legal interest in that property.
A caveat lawfully prevents certain actions, such as transferring or selling the property, without the caveator's consent. Lodging a caveat means that once a property is sold, the vendor can’t sell the property (again) to another party. Withdrawing a caveat is necessary when an underlying dispute is resolved or when the claim is no longer valid.
Process to Lodge and Withdraw Caveats
Our experienced team of conveyancers lead and manage the process of to lodge and withdraw caveats on your behalf. With over 35 years’ conveyancing experience, we know exactly what’s required and will ensure your interests are protected at all times. And we’ll keep you informed every step of the way.
To lodge a caveat we:
a. Determine your valid legal interest or claim on the property. Common grounds include equitable interests, pending legal proceedings or unfulfilled financial obligations.
b. Prepare the caveat which outlines the nature of the interest or claim and provide supporting evidence.
c. Lodge the caveat to the Victorian land titles office. At this point, the caveat will be recorded on the property's title, providing public notice of the claim or interest.
When buying property with a settlement longer than 90 days, we strongly recommend Lodging a Caveat.
To withdrawal a caveat we:
a. Obtain your written consent or a formal withdrawal of caveat form.
b. Submit your withdrawal of caveat form to the Victorian land title office – or where the original caveat was lodged – along with any requested documentation.
c. Advise you once the Victorian land title office has withdrawn the caveat from the property, officially ending the notice of claim or interest.
