Caveats
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.
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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.
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
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. :)
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.
BAFC is the best of the best. Thanks to Mandy and to all the great work team
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
Friendly and very capable efficient staff.
Highly recommend. Excellent professionalism and communication. Made my first time home buying experience a breeze. Thank you Amanda 😊
