What is a caveat?

​​​​​​A caveat is a notation placed on the title of a parcel of land to indicate that an unregistered (equitable) interest in the parcel of land exists.

A powerful tool​

Once registered, a caveat will prevent the registration of another interest in the land, potentially freezing a property's title until the caveat is withdrawn or is removed by court order.​

Caveatable interest​

Whilst a caveat is relatively easy to lodge, lodging a caveat without a valid "caveatable interest" can lead to legal liability, including compensation for any loss suffered by the registered proprietor.

​Challenging a caveat

In Western Australia, a caveat can be challenged by the registered proprietor issuing a notice under section 138B of the Transfer of Land Act 1893 (WA).  This requires the caveator to commence proceedings in the Supreme Court within 21 days to maintain the caveat, failing which the caveat lapses.​

​Seek legal advice

Whether you are a tenant, creditor, or lender, understanding caveats is critical to protecting your interests in land.  Before lodging a caveat, you should obtain legal advice to ensure your interest is caveatable, and that you comply with all legal requirements.