Withdrawal of caveat or notice of claim
A caveat against dealings or notice of claim may be withdrawn by the caveator or claimant or their agent (under a written authority from the caveator / claimant) under s144(1) of the Land Transfer Act 2017 (LTA).
The instrument code for a withdrawal of caveat is ‘WX’, or ‘PWX” if the caveat is being withdrawn as to part.
The instrument code for a withdrawal of notice of claim is ‘WNC’, or ‘PWNC” if the notice of claim is being withdrawn as to part.
The practitioner must retain evidence to support their certifications, that being a signed A&I form or an email or letter from the caveator / claimant, or a file note recording the caveator’s / claimant’s instructions.
Section 144(2) of the LTA allows a practitioner, acting as the agent, to withdraw a caveat or notice of claim without written authority from the caveator / claimant, if an instrument giving effect to the interest being protected is lodged in the same dealing as the withdrawal instrument.
The practitioner must still retain evidence to support their certifications for the withdrawal instrument, that being a file note recording the caveator’s / claimant’s instructions. A signed A&I form, or other acceptable form of authority, must be retained as evidence for the other instrument in the usual way.
If the instruments are lodged in separate dealings, it is possible that:
- the withdrawal instrument could be registered and the dealing with the substantive instrument could be rejected, or
- another dealing and interest could be lodged between the two dealings (e.g. after the dealing withdrawing the caveat / notice of claim and before the dealing with the substantive instrument). This new interest would not be prevented by the caveat / notice (because it has been withdrawn) and would have priority over the original interest protected by the caveat / notice of claim.
Removal of a caveat or notice of claim by Court order
A caveat against dealings or notice of claim may be removed by the Court under s142 of the LTA or s42(3)(a) of the Property (Relationships) Act 1976.
If the Court makes an order that a caveat or notice of claim is removed, the order may be lodged for registration as an electronic instrument. The order should include sufficient detail such as the instrument number of the caveat or notice of claim being removed and/or the records of title affected.
The instrument code for a Court order is ‘CO’.
The practitioner must retain evidence to support their certifications, that being a certified copy of the Court order, being a correct copy of the sealed copy of the order.
Lapsing a caveat or notice of claim
A registered owner or other person may apply to lapse a caveat against dealings or notice of claim under s143 of the LTA or s42(3)(aa) of the Property (Relationships) Act 1976.
The instrument code for an application to lapse a caveat or notice of claim is ‘A143’.
Detailed information on the processes supporting an application for lapsing a caveat or notice of claim can be found on the lapsing a caveat or notice of claim page.