A Caveat is an encumbrance that appears on a title and acts as a notification that a caveator has an interest over the property.

Caveats not only show the interests of the caveator but give prospective buyers notice that the caveator might have rights over the property.

Some common reasons to put a Caveat on a title

Protecting a financial interest:

• If you’ve loaned money secured by the property and have a charging clause in place.

Securing beneficial ownership:

• If you’ve contributed to the purchase or upkeep of the property but aren’t listed on the title.
• During a family or business dispute where ownership is contested.

Purchasing a property:

• A buyer who has paid a deposit might lodge a caveat to secure their interest until the transaction is finalised.

Enforcing a contract:

• When there’s a legal agreement tied to the property (e.g., a development or lease agreement).

Note this is not an exhaustive list.

Caveats are a complex subject – if you need support in this area, it is advisable to seek independent legal advice from a solicitor or property law professional.  

Where to get information

You can check title details, such as who is the owner, whether there is a mortgage, or confirm whether a caveat has been placed on a Copy of Title (or Register Search Statement) at landata.online.

All content published is for information purposes only – you should obtain advice relevant to your circumstances.