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How do I protect my interest if I am not on title?

written by Catherine Farres
7 · 24 · 20

Only a person who has a legal interest in a property can lodge a Caveat to protect their interest.  Once a caveat is lodged it appears on the title and notice is given to the other party with the Land Titles office.   A caveat protects the property from being sold or the interest on title being changed.   The common types of caveatable interests include:

  1. A partner who is not on the title;
  2. Someone who has an option to purchase the property;
  3. An unregistered mortgagee;
  4. A purchaser under a contract of sale that is yet to be completed;
  5. A claim that the land is held on trust for the caveator, including a constructive trust.

There are serious consequences for lodging a caveat if you do not have a caveatable interest to do so. 

At Anderson Family Lawyers we can assist you to work out whether you have a caveatable interest that needs to be protected by lodging a caveat.  If you would like to know more, Please contact our team on 03 5536 9111.

 

Catherine Farres

Catherine is an associate family lawyer who is very much a key ambassador of anderson Family Lawyers. She is approachable, calm, understanding and empathetic to her client’s, individual circumstances and diverse needs.