Conveyancing Services

Caveats

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Caveats affect many property settlements each year, but the processes involved in removing a caveat remain poorly understood by some sellers and agents.

A caveat is an interest in land that’s lodged to protect the caveator’s interest. Absolute caveats prevent the Registrar of Titles from registering any “instruments”. Since a Transfer of Land is one such instrument, most caveats must be removed for a property to settle.

When caveats exist on the title, the seller’s settlement agent will take steps to have it removed. The simplest way to remove a caveat is for the caveator to lodge a Withdrawal of Caveat, so the seller’s settlement agent will send the caveator a letter asking them to do so.

If the caveator refuses to remove the caveat, the settlement agent will lodge a 21-day-notice with Landgate, and one of two things will happen:

  • If the caveator doesn’t take the matter to court within the 21 days, the caveat is removed.

  • If the caveator takes legal action and a court junction is issued, Landgate puts the Title into a Registrars Packet and moves it into Complex Dealings, so the caveat remains. Depending on the course of the legal proceedings, the property may not settle for a long time.

Why choose BAFC Settlements for your next property settlement

All team members know of every project, so someone is across your transaction at all times.

With so many years in the industry and having managed all manner of transactions, we have the knowledge to deal with all situations

We can come to you. Life is busy enough and we understand that

Need personalised advice on your settlement?

From your first property enquiry to final sale, your BAFC settlement agent is there to guide you through the exciting process of selling and purchasing real estate.

How we can help?

Reviews

What our valuable customers say about us

I could not recommend BAFC Settlements more highly. I have used them mostly in my capacity as a lawyer where they have conducted client settlements for me with the utmost professionalism and ease. It is always a pleasure and a relief knowing my matters are safe with them. Thank you to the team down there.

David Johanssen

Thanks to Amanda for helping us on our settlement requirements! Thanks for answering all our questions, emails and calls! Keep up the great work team! Bill & Nerissa Scibilia

Bill Scibilia

Can’t recommend Shaniya enough, she was a pleasure to work with and kept myself and my husband calm through all of the steps to getting our own place, Can not fault the settlement process. Shaniya was fantastic. Pricing was really good and no hidden charges. To sum up, I would say, honest, reliable and very professional. 100% recommendation. :)

Ashley Metselaars

Carly recently settled our house in baldivis.
Her communication was impeccable, always kept up to date with what was happening.
Always going above and beyond to help and answer any questions.
Would definitely recommend and use BAFC again.

Hannah Padwick

BAFC is the best of the best. Thanks to Mandy and to all the great work team

Asim Ali

Carly and the team helped me recently in purchasing a new property. So easy to deal with and kept me constantly updated couldn’t recommend them enough. Thanks again Carly

Scott Urquhart

Friendly and very capable efficient staff.

Adrian Sindall

Highly recommend. Excellent professionalism and communication. Made my first time home buying experience a breeze. Thank you Amanda 😊

Claire Elyse

We’d love to look after your next settlement.