Caveats are a crucial legal tool for protecting interests in land. However, when disputes arise regarding their validity or enforcement, the consequences can be significant. Our experienced legal team can provide expert advice and assistance to navigate the complexities of caveat disputes in Western Australia.

What is a Caveat?

A caveat is a legal notice registered on the title of land, indicating that someone claims an interest in the property. Its purpose is to prevent the property owner from transferring or encumbering the property without notifying the caveat holder. The caveat serves as a “warning” to anyone who conducts a title search, alerting them to the existence of a caveat.

However, a caveat does not in and of itself create an interest in the property; it merely notifies others of the caveator’s interest.

Why Are Caveat Disputes Common?

Caveat disputes often occur when:

• A party lodges a caveat without a valid, caveatable interest in the property.
• A caveat is challenged by a property owner who wants it removed or extended.
• A caveat prevents a property transaction, such as a sale or mortgage, from proceeding.

Given the potential consequences, such as financial loss to the property owner or liability for improper lodging, caveat disputes can become urgent. Legal advice should be sought promptly to protect your interests.

Our Caveat Dispute Services

We have extensive experience handling caveat disputes, including the preparation, enforcement, and removal of caveats. Our services in this area include:

• Advising on Caveatable Interests: We can help you determine if you have a valid interest capable of supporting a caveat.
• Drafting and Lodging Caveats: Our team can assist in drafting and lodging caveats to protect your legal or equitable interests in property.
• Disputing or Removing Caveats: If you need to challenge a caveat lodged on your property, we can represent you in applications to have it removed. Similarly, we can help you extend the operation of a caveat if you are facing a 21-day notice of lapse.
• Court Proceedings: We are experienced in representing clients in the Supreme Court in applications for the extension of caveats or defending actions to remove caveats. Our team is also adept at negotiating settlements outside of court to resolve caveat disputes more efficiently.

How Caveats Can Affect Property Transactions

Caveats can stop property sales, mortgages, and other dealings from proceeding, causing potential delays or financial losses. If you are involved in a caveat dispute, it is essential to act quickly and seek legal advice to protect your interests and avoid the financial ramifications of a caveat dispute.

Contact Us

If you are involved in a caveat dispute, or you need advice on lodging or removing a caveat, contact our team at Vogt Legal.