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LESSEE'S CAVEAT

To protect your interests as a lessee pursuant to a lease, you can register a lessee's caveat.  A lessee's caveat is lodged by a tenant (lessee) who holds a lease over a property.  This is particularly important where the lease is unregistered.  While long-term leases (usually over 5 years) should be registered to be enforceable against third parties, a lessee can still protect an unregistered lease by lodging a caveat.  

 

For example, if a business has a 10-year commercial lease over a shop but has not yet registered the lease, the tenant can lodge a caveat to prevent the owner from selling or mortgaging the property without acknowledging the leasehold interest.  By doing so, the lessee ensures that their right to occupy the premises is visible to anyone searching the title, and it gives the tenant an opportunity to object to any inconsistent dealings.

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Fee - $470 plus GST

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The above fee excludes the Landgate registration fee and the cost the withdraw the caveat (should that be required).

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See also Withdrawal of Caveats

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